P. v. Lu
After the court denied his Penal Code section 1538.5 motion to suppress evidence, Kevin Lu (appellant) entered no contest pleas to one felony count of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a), count one) and one count of possession of drug paraphernalia (Health & Saf. Code, § 11364, count two).
On January 13, 2012, the court suspended imposition of sentence and admitted appellant to probation pursuant to Proposition 36 (Pen. Code, § 1210 et seq.). The court imposed various fines and fees. Relevant to this appeal, the court did not calculate or award appellant any presentence custody credits.
Appellant filed a timely notice of appeal. On appeal, appellant challenges the denial of his suppression motion and contends that the court erred in failing to calculate his presentence custody credits. For reasons that follow we reverse the judgment.
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