People v. Delatorre CA2/3

Filed 9/23/20 P. v. Delatorre CA2/3 Opinion on remand from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B304445

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA106172) v.

JAIME DELATORRE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Cathryn F. Brougham, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________

Appellant Jaime Delatorre appeals the trial court’s order denying his request for additional custody credit. We affirm the court’s order. PROCEDURAL BACKGROUND In April 2017, in Los Angeles County Superior Court case No. GA100963, Delatorre was convicted of assault with a deadly weapon (Pen. Code, § 245, subd. (a))1 and was placed on probation for five years, on the condition he serve one year in jail. On August 26, 2019, in Los Angeles County Superior Court case No. GA106172, Delatorre pled nolo contendere to being a felon in possession of a firearm (§ 29800, subd. (a)(1)) and admitted suffering a prior “strike” conviction in case No. GA100963. (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i).) The trial court sentenced Delatorre to the low term of sixteen months in prison, doubled pursuant to the Three Strikes law. It awarded him 78 days of credit, comprised of 39 days of actual credit and 39 days of conduct credit. It also imposed various fines and fees. Probation was revoked in the prior strike case, No. GA100963. On that matter, the court imposed a concurrent two-year term, and awarded 404 days of actual credit and 39 days of conduct credit, for a total of 443 days. On December 23, 2019, acting in propria persona, Delatorre requested that the trial court award an additional 404 days of actual credit in case No. GA106172. On January 6, 2020, the trial court denied the motion, finding that the conduct credits had been correctly calculated. Delatorre timely appealed.