P. v. Martinez CA2/4
Appellant Jesus Martinez violated his probation. The trial court reinstated probation after appellant agreed to waive 553 days of custody credit he had accrued and to participate in a 180-day residential drug treatment program.
Appellant subsequently committed another probation violation. At the revocation hearing, appellant requested credit for the 180 days he represented he had spent in the court-ordered residential drug treatment program. The trial court denied the request, reinstated appellant’s original sentence of five years, and awarded him a total of 192 days of custody credit.
Appellant now contends that he should have received an additional 180 days of credit for the time he spent in the residential treatment program. In the alternative, he requests a remand for an evidentiary hearing to determine whether the program was custodial in nature. We agree with appellant that he is entitled to credit for time he spent in a custodial program; his waiver of the 553 days o
Comments on P. v. Martinez CA2/4