People v. MacIas

[790]

Opinion

KLEAVER, J.

*

Defendant was convicted by guilty plea of voluntary manslaughter (Pen. Code, § 192, subd. 1). The sole issue on this appeal

1

is the allowance of credit for time served under Penal Code section 2900.5.

A complaint was filed in municipal court on May 19, 1977, alleging a violation of Penal Code section 187 on May 11, 1977. Defendant was in custody at Deuel Vocational Institute (hereinafter DVI) on May 11, 1977, having sustained a prior conviction.

2

An information was filed in superior court on June 28, 1977, charging a violation of Penal Code section 187. An amended information was filed on June 5, 1978, charging a violation of Penal Code section 192, subdivision 1, voluntary manslaughter, and defendant entered a guilty plea to the amended information on that date.

At the time of plea the trial court inquired whether a discussion had occurred between the district attorney and defense counsel regarding disposition or judgment. Matters were discussed which are not relevant to the present issue. The guilty plea was entered by defendant and accepted by the trial court. Discussion then followed of credit for time served. The trial court referred to Penal Code section 2900.5 and to

People

v.

Ewing

and

People

v. Watson

3

and stated “[the defendant] has to be given credit for the time originally arrested for the offense . . . .”

At the time of sentence defendant was sentenced to prison for the term prescribed by law. The trial court then stated that defendant was given credit for time served from June 5, 1978 (date of entry of guilty plea) and that if the “Third District Court of Appeals or the. State Supreme Court