People v. Boon CA1/4

Filed 9/16/15 P. v. Boon CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A143096 v. CHRISTOPHER ROBERT BOON, (Sonoma County Super. Ct. No. SCR-606882) Defendant and Appellant.

While on felony probation, defendant and appellant Christopher Robert Boon committed a misdemeanor offense, prompting the trial court to revoke his probation. The trial court awarded appellant presentence custody credits for the underlying misdemeanor offense but not for time served related to the probation revocation matter. On appeal, he contends the trial court erred in refusing to award him presentence custody credits in both matters. We affirm the judgment. I. BACKGROUND The facts of the underlying offenses are not relevant to the issue raised on appeal and thus are omitted. On September 15, 2011, appellant was charged in an amended complaint with driving in willful or wanton disregard for safety of persons or property while fleeing from a pursuing police officer (Veh. Code, § 2800.2, subd. (a) (count I)), being a driver of a vehicle involved in an accident resulting in damage to property and failing to stop his vehicle at the scene of the accident (Veh. Code, § 20002, subd. (a) (count II)), willfully resisting, delaying, and obstructing a peace officer (Pen. Code, § 148, subd. (a)(1) (count

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III)), and driving a vehicle while under the influence of an alcoholic beverage and a drug and under their combined influence (Veh. Code, § 23152, subd. (a) (count IV)). The amended complaint also alleged one prior conviction in 2008 for driving with a blood alcohol level of .08 percent or more (Veh. Code § 23152, subd. (b)). On September 15, 2011, appellant also pled guilty to counts I, III, and IV and admitted his prior conviction while the court dismissed count II on the prosecutor’s motion. The trial court suspended imposition of sentence and placed appellant on felony formal probation for three years (“felony probation matter”). Among many of the conditions on probation, appellant was ordered not to possess or to use alcohol and to obey all laws. The trial court ordered appellant to serve six months in jail. On August 19, 2014, the trial court summarily revoked appellant’s probation after he was charged with misdemeanor driving under the influence charges with two prior convictions against him (“misdemeanor matter”). On September 17, 2014, appellant pled no contest to the driving under the influence count in the misdemeanor matter. The trial court suspended imposition of sentence and placed appellant on “36 months of a conditional sentence.” The trial court ordered appellant to serve 120 days in jail and awarded appellant a total of 64 days of presentence credits on the misdemeanor matter. Turning to the felony probation matter, the trial court found appellant in violation of probation and extended the length of his probation by twelve months. The trial court refused to award appellant any presentence credits in this matter because his second driving under the influence violation was “very serious.” The trial court also determined that appellant would not receive presentence credits for the probation revocation of the underlying felony because the violation was a “[d]ifferent place, different time” and that it would “give [appellant] an incentive for the next year not to reoffend at all, because then you’d have more prison time exposure.” On September 19, 2014, appellant filed a timely notice of appeal from the judgment in the felony probation matter.