People v. DeVore

Opinion

STEIN, J.

Barry DeVore appeals from an order denying his application for one-for-one credits for time served in county jail prior to conviction. For the following reasons, we reject his contentions.

On June 14, 1988, appellant pleaded guilty to six counts of possession and transportation of various controlled substances and admitted two prior convictions. On July 12, 1988, he was sentenced to a total of 4 years in prison, and given credit for 115 actual days confined in county jail and 58 days of local conduct credits. It does not appear that an appeal was taken from the judgment.

On March 14, 1989, appellant filed a document entitled “Ex-parte Application for Full-time Credit of Back-time Credits Per Penal Code Section [s] 2933, 2934, 4019 et seq.”

1

In this document, appellant argued that it was a violation of equal protection principles to refuse to credit him with the oner-, for-one work time credit available to state prisoners for the preconviction time served in county jail.

On March 21, 1989, the superior court filed an order stating that credits under Penal Code sections 2933 and 2934 are computed by the Director of Corrections, and that appellant had received all custody credits under section 4019 to which he was entitled.

On April 27, 1989, appellant filed a notice of appeal from the March 21 order, presumably on the theory that the order is an appealable order after judgment which affects his substantial rights. (§ 1237, subd. (b).)

We note, initially, that the original judgment was appealable, and the issue could have been raised on appeal at that time.

(People

v.

Gainer

(1982) 133 Cal.App.3d 636 [184 Cal.Rptr. 120] [order after judgment appealable unless defendant had no right to request relief sought from trial court].) Appellant did not challenge the computation of credits until he filed his ex parte motion, eight months after judgment was imposed. The court

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