P. v. White CA5

Filed 5/24/13 P. v. White 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F064482 Plaintiff and Respondent, (Super. Ct. No. VCF215072A) v.

ROY HUGHES WHITE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Glade F. Roper, Judge. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael P. Farrell and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Kane, J. and Peña, J.

INTRODUCTION Appellant Roy Hughes White contends he is entitled to an award of additional custody credits in the amount of 687 days for time spent in two residential treatment facilities. The trial court did not award any custody credits for time spent in residential treatment facilities. The People contend that only the first 14 days in a treatment facility were sufficiently restrictive to constitute custody and that White should be awarded an additional 14 days of custody credits. We agree with the People that the balance of the residential treatment program, where White was permitted freedom to leave, was not so restrictive as to warrant an award of custody credits. Therefore, we will modify the judgment to award an additional 14 days of custody credits and in all other respects will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY White was charged with second degree burglary. It also was alleged that he had been convicted of seven prior felonies. On February 19, 2009, White entered a plea of no contest to the burglary charge and admitted the truth of the prior conviction allegations. He was placed on probation in the mental health court program. As part of his probation, White was required to reside in a residential treatment facility and was placed at the Transitional Living Center (TLC); he later was moved to Domies. On January 3, 2011, White’s probation officer, Shaun Laird, attempted to collect a urine sample for chemical testing. White was unable to provide a sample, despite being given ample time to do so. White asked Laird to meet him at TLC, where White was scheduled to attend an Alcoholics Anonymous (AA) group meeting; White would try to provide a urine sample at that time. White failed to attend the AA meeting as scheduled and did not report to Laird for drug testing. Additionally, White failed to attend four other treatment appointments.