People v. Bonnington CA5

Filed 8/12/16 P. v. Bonnington CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F071060 Plaintiff and Respondent, (Stanislaus Super. Ct. No. 1456492) v.

LANCE RODERICK BONNINGTON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment and order of the Superior Court of Stanislaus County. Linda A. McFadden, Judge. James F. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Lewis A. Martinez, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Franson, J.

Defendant/appellant Lance Roderick Bonnington argues the trial court erred when it refused to award him conduct credit for the time he spent in a rehabilitation program while he was on bail. The trial court awarded defendant credit for time served, but concluded he was not entitled to conduct credits. We conclude defendant was ineligible to receive conduct credits so the trial court correctly denied his motion. Accordingly, we affirm the judgment and the order denying defendant conduct credits for the time he was in the rehabilitation program. FACTUAL AND PROCEDURAL SUMMARY The information charged defendant with nine counts, numerous special allegations, and a prior prison term enhancement. Defendant pled no contest to two counts of driving under the influence of alcohol within 10 years of a prior felony conviction of driving under the influence (Veh. Code, §§ 23152, subd. (a) & 23550.5) and misdemeanor hit and run driving (Veh. Code, § 20002, subd. (a)). In addition, he admitted four prior convictions for driving under the influence of alcohol, and admitted that in each of the driving under the influence counts his blood alcohol content exceeded 0.15 percent. (Veh. Code, § 23578.) In exchange, the other charges and enhancements were dismissed. Defendant was sentenced to the aggravated term of three years for one of the driving under the influence counts, with the sentence on the remaining counts imposed concurrently. DISCUSSION The only issue in this case is whether the trial court erred when it refused to award defendant conduct credits for the time he spent in a sober living treatment program. On April 23, 2013, defendant was arraigned, pled not guilty, bail was set at $50,000, and he was remanded to the custody of the sheriff. By April 29, 2013, defendant had been released on bail and was living at the sober living treatment program. At a hearing on that date, the trial court made defendant’s continued residence at the facility a condition