People v. Sanchez CA2/6

Filed 8/19/20 P. v. Sanchez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B295830 (Super. Ct. No. YA090758) Plaintiff and Respondent, (Los Angeles County)

v.

DANIEL SANCHEZ,

Defendant and Appellant.

Daniel Sanchez appeals an order denying his petition for presentence custody credits. We dismiss the appeal. (Pen. Code, § 1237.1.)1 This appeal concerns a single issue – whether Sanchez received the correct number of presentence custody credits. Following his conviction of making terrorist threats, with a finding of personal weapon use, Sanchez received a suspended prison sentence and a grant of probation. During the nearly three years following, Sanchez frequently violated the terms of his probation, including arrests and convictions for new crimes.

1 All statutory references are to the Penal Code.

The trial court eventually revoked the grant of probation and ordered that the suspended prison term and accompanying fines and assessments be executed. Sanchez later filed a petition contesting the award of presentence custody credits. The court held a hearing attended by counsel who gave no explanation of Sanchez’s request. Neither party argued the matter. The court denied the petition and this appeal ensued. FACTUAL AND PROCEDURAL HISTORY On June 24, 2015, the trial court found Sanchez guilty of making criminal threats, with a finding that he personally used a deadly or dangerous weapon (knife) during commission of the crime. (§§ 422, subd. (a), 12022, subd. (b)(1).) The court imposed a four-year prison term, consisting of an upper three-year term for the crime and a one-year term for the weapon use enhancement, and ordered payment of fines and assessments. The court then suspended execution of sentence and placed Sanchez on formal probation with terms and conditions for five years, including service of 690 days in county jail. The court then awarded Sanchez 690 days of presentence custody credits, consisting of 345 days of actual custody plus 345 days of conduct credits. (§§ 2900.5, subd. (a), 4019, subds. (b), (c).) Sanchez appealed. We affirmed the judgment in an unpublished opinion after Sanchez’s attorney found no arguable issues on appeal. (People v. Sanchez (Sept. 28, 2016, B265505).). On January 5, 2016, Sanchez was arrested in San Bernardino County for possession of an illegal weapon, among other things. He was convicted of a different related offense and, on June 9, 2016, sentenced to a 16-month prison term. On February 3, 2017, the trial court in the present case found that Sanchez had violated his probation terms for suffering