People v. Basnett CA3

Filed 12/15/21 P. v. Basnett CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C090810

Plaintiff and Respondent, (Super. Ct. Nos. 18FE012095; 16FE012843 ) v.

KENNETH ALAN BASNETT,

Defendant and Appellant.

Defendant Kenneth Alan Basnett appeals from the judgment imposed following his plea of no contest to two counts of second degree burglary, a subsequent conviction for burglary and misdemeanor possession of methamphetamine, and a probation violation based on those new convictions. He argues the trial court erred in denying him presentence custody credits for the time he spent in the Salvation Army rehabilitation program. We agree. Accordingly, we affirm the convictions and remand the matter to the trial court to calculate the custody credits due.

1

BACKGROUND1 In 2016, in case No. 16FE012843 (843), defendant pled no contest to two counts of burglary. The plea agreement explicitly indicated an agreed term of three years eight months, execution of sentence suspended “so [that defendant] can enroll and complete the Salvation Army Program. However, if for whatever reason [defendant is] kicked out of that program or [doesn’t] complete it, the Court’s going to just impose the three years, eight months, and [defendant] will get no credits for the time spent in Salvation Army.” The probation terms and conditions required defendant to “complete residential treatment program at Salvation Army.” In accordance with the plea, the trial court imposed a three- year eight-month term, suspended execution of sentence, and placed defendant on five years’ probation. The court then released defendant to the care and custody of the Salvation Army. The matter was set for hearing for a progress report to ensure defendant had enrolled in the Salvation Army program. For that hearing, defendant submitted a letter from the Sacramento Salvation Army Adult Rehabilitation Center (Sacramento Salvation Army program) indicating he had entered the program on July 29, 2016, and the “scheduled graduated [sic] date of phase 1 of the program is July 29, 2017.” The matter was set for August 3, 2017, for defendant to show proof of completion of the Salvation Army program. Defendant did not appear at that hearing. Defendant was admitted to the Stockton Salvation Army Adult Rehabilitation Center (Stockton Salvation Army program) on October 31, 2016.2 The Stockton