People v. Estrada CA2/6

California Court of Appeal Sep 24, 2014 No. B254126MUnpublished

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Holding. The court held that the defendant was entitled to additional presentence custody credits for time served in a separate county because his custody there was attributable to the proceedings in the instant case.

Issues

Whether the defendant is entitled to presentence custody credits for time served in another county while awaiting trial on the instant charge.

Disposition. Affirmed as modified

Quotations verified verbatim against the opinion

“We modify the judgment to reflect that appellant was awarded 586 days presentence credit (293 days actual custody; 293 days conduct credit).”

“But for appellant's Ventura arrest on the heroin charge, appellant would not have been in custody in Los Angeles from March 15, 2013 through November 8, 2013, a total of 238 days.”

Filed 9/24/14 P. v. Estrada CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B254126 (Super. Ct. No. 2013002541) Plaintiff and Respondent, (Ventura County) No Change in Judgment v. RAY MIGUEL ESTRADA, Defendant and Appellant.

THE COURT The opinion filed herein on September 22, 2014, is modified as follows: Change the Ventura County Superior Court number from 2013002451 to read 2013002541. There is no change in judgment.

Filed 9/22/14 (unmodified version) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B254126 (Super. Ct. No. 2013002451) Plaintiff and Respondent, (Ventura County) v. RAY MIGUEL ESTRADA, Defendant and Appellant.

Ray Miguel Estrada appeals his conviction by plea for transportation/sale of heroin. (Health & Saf. Code, § 11352, subd. (a).) The trial court granted probation with 240 days county jail and awarded 110 days presentence credit (Pen. Code, §§ 2900.5, 1 subd. (a); 4019). Appellant's sole contention on appeal is that the trial court failed to award him all the presentence custody credits to which he is entitled. The Attorney General agrees. We modify the judgment to reflect that appellant was awarded 586 days presentence credit (293 days actual custody; 293 days conduct credit). (People v. Bruner (1995) 9 Cal.4th 1178, 1193-1194.) The judgment, as modified, is affirmed. Procedural History On January 30, 2013, appellant entered a plea of not guilty to one count of transportation/sale of heroin in Ventura County Superior Court. Appellant failed to appear at a March 20, 2013 early disposition conference after he was remanded to

People v. Estrada CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

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