People v. Costa CA3

Filed 3/11/26 P. v. Costa CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sutter) ----

THE PEOPLE, C102798

Plaintiff and Respondent, (Super. Ct. Nos. CRF230001647, v. CRF230002796A)

TROY KEVIN COSTA,

Defendant and Appellant.

Appointed counsel for defendant Troy Kevin Costa has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Having done so, we remand the matter for the trial court to recalculate the custody credit award and otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND In December 2023, Costa pled no contest to false imprisonment by violence (Pen. Code, §§ 236, 237)1 in case No. CRF230001647 (case No. 647). Costa also pled no

1 Undesignated statutory references are to the Penal Code.

1

contest to falsifying a vehicle registration (Veh. Code, § 4463, subd. (a)(1)) in case No. CRF230002796A (case No. 796). The trial court suspended imposition of sentence and placed Costa on two years of formal probation in both cases. The court ordered Costa to serve 156 days in jail in case No. 647 and awarded him 156 days of custody credits (78 actual and 78 conduct days). The court ordered Costa to serve 85 days in jail in case No. 796 and awarded him 85 days custody credits (43 actual and 42 conduct days). The court imposed a $300 restitution fine (§ 1202.4, subd. (b)), a corresponding $300 probation revocation fine (suspended unless probation is revoked) (§ 1202.44), a $40 court operations assessment (§ 1465.8, subd. (a)(1)), and a $30 criminal conviction assessment (Gov. Code, § 70373) in each case. In May 2024, the probation department filed a declaration alleging Costa violated probation, and the trial court revoked probation. Costa admitted to the violation. The court reinstated probation and sentenced him to 60-day jail terms in both cases, which he served concurrently. The court awarded 33 days of custody credits (17 actual and 16 conduct days). In August 2024, the probation department filed a declaration alleging Costa violated probation again, and the trial court revoked probation. Costa admitted to violating section 273.6, subdivision (a). The court reinstated probation and sentenced him to 90-day jail terms in both cases, which he served concurrently. The court awarded 76 days of custody credits (38 actual and 38 conduct days). In October 2024, the probation department filed a third declaration alleging Costa violated probation by contacting the victim and violating a protective order (§ 273.6, subd. (a)), and the trial court revoked probation. The trial court found by a preponderance of the evidence that Costa violated probation in each case and referred both cases to probation for a sentencing report.