People v. Minjarez

Opinion

BEACH, J.

The People appeal in case A-333483 from an order granting defendant 760 days credit against his prison sentence, contending that the order was in excess of the court’s jurisdiction. The People have also filed a petition for writ of mandate on the identical issue. We have consolidated the appeal and the petition for extraordinary relief.

Procedural Facts:

After being taken in custody on February 4, 1977, on suspicion of murder, defendant was formally charged with murder on February 24, 1977, in case A-333483, the matter at bench.

On April 12, 1977, when the instant case was pending, defendant was placed on probation in case A-326961 for assault with a deadly weapon committed in 1976. As a condition of probation, defendant was ordered to serve one year in the county jail.

On December 19, 1977, in case A-520695, defendant was sentenced to state prison for assault with a deadly weapon upon a police officer

[312]

and for possession of a concealable firearm by an ex-felon. Both offenses were committed in 1976.

On February 6, 1979, a jury found defendant guilty of voluntary manslaughter in the present case (A-333483), and on March 6, 1979, the trial court imposed a prison sentence, to run consecutive to the sentence appellant was then serving in case A-520695. The court gave appellant credit for 760 days, stating: “He has been held in custody for a period of 760 days for this case, as a result of this incident. And he is entitled to credit therefor.”

Discussion:

1.

The order is appealable.

In criminal cases, unless permitted by statute, the People have no right of appeal.

(People

v.

Drake

(1977) 19 Cal.3d 749, 754 [139 Cal.Rptr. 720, 566 P.2d 622];