P. v. Tupper
Defendant Kim Ashley Tupper pleaded guilty to felony corporal injury of a spouse, cohabitant, or child’s parent (Pen. Code, § 273.5, subd. (a)).[1] Imposition of sentence was suspended and he was placed on three years’ formal probation. He was continued on probation after admitting to violating his probation by failing to enroll in a batterer’s treatment program. After he admitted to violating probation a second time, the trial court terminated probation and sentenced defendant to three years in state prison with 387 days’ presentence credit (230 actual, 128 conduct, and 29 state custody).[2]
On appeal, defendant contends the trial court failed to award credits for time he spent in a residential rehabilitation facility. We affirm.
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