People v. Henderson CA5

Filed 4/19/21 P. v. Henderson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F078640 Plaintiff and Respondent, (Super. Ct. Nos. F18904403, v. F18903333, F16903143)

KEITH LELAND HENDERSON, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Don Penner, Judge. Karriem Baker, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and A. Kay Lauterbach, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Franson, A.P.J. and Smith, J.

Defendant Keith Leland Henderson pled no contest to felony driving with a blood- alcohol content of 0.08 or higher. On appeal, defendant contends that the trial court erred in calculating his presentence treatment credit at 50 days rather than 51 days. We affirm. PROCEDURAL SUMMARY On May 19, 2016, the Fresno County District Attorney charged defendant in case No. F16903143 with felony driving with a blood-alcohol content of 0.08 or higher (Veh. Code, § 23152, subd. (b)1; count 1), felony driving under the influence (§ 23152, subd. (a); count 2), misdemeanor driving on a suspended license (§ 14601.2, subd. (a); count 3), and misdemeanor violation of ignition interlock device requirements (§ 23247, subd. (a); count 4). As to counts 1 and 2, the complaint alleged defendant had suffered three prior convictions for driving with a blood-alcohol content of 0.08 or higher (§ 23550).2 On July 5, 2016, defendant pled no contest to count 1, admitted the three prior driving under the influence conviction allegations, and stipulated to having had a blood- alcohol level of 0.14. In exchange for his plea, the district attorney dismissed counts 2 through 4 and stipulated to defendant receiving no initial state prison time and instead being released on probation, contingent upon completion of a six-month inpatient treatment program as a condition of probation. On August 2, 2016, the trial court suspended imposition of the sentence for three years and placed defendant on felony probation for three years. The terms of probation included serving 365 days in jail, with credit for 36 actual days of credit and 36 days of good time credit, and completion of a six-month inpatient drug and alcohol treatment program.