People v. Hawley

Opinion

PUGLIA, P. J.

In this appeal we determine (1) that a felon committed to state prison is not entitled to good-time/work-time credits (behavior and participation credits) for presentence time in custody under Penal Code section 4019 as incorporated in Penal Code section 2900.5 (all further section references are to the Penal Code); (2) that presentence behavior and participation credits for felons committed to state prison are governed by sections 2930-2932; and (3) that the authority in the first instance for administering the provisions of sections 2930-2932 rests with the Department of Corrections, not the courts.

Defendant pleaded guilty to voluntary manslaughter (§ 192) and was sentenced to state prison on December 12, 1977, for a determinate term of three years (§ 193) with credit for 102 days local presentence custody (§ 2900.5). Thereafter, defendant moved in the trial court for 33 days of behavior and participation credits under sections 2900.5 and 4019. The court granted the motion in part, awarding defendant 15 days of such credit. The People appeal. (§ 1238.5.)

At oral argument, we were advised defendant had been released on parole September 25, 1979. We are not informed of the length of defendant’s period of parole. (See § 3000, subd. (a).) We assume in any event that there is no longer a subsisting controversy involving defendant’s entitlement to behavior and participation credits. Nonetheless, we proceed to a determination of this appeal on the merits, because the questions resolved herein are of general public interest

{In re Stinnette

(1979) 94 Cal.App.3d 800, 803-804 [155 Cal.Rptr. 912]); they are the identical questions which are presented in a substantial number of appeals and original proceedings now pending in this court and which will continue to arise in this appellate district in the future until finally re

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solved. Although the same issues now pend before the Supreme Court,

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considerations of judicial administration weigh heavily in favor of a decision here and now. If our decision should conform to that yet to be rendered by the Supreme Court, so much the better; if not, the miscalculation can be repaired without an inordinate drain upon judicial resources so that even a provisional yet immediate resolution of these issues constitutes a net advantage to judicial administration.