People v. Jones

Filed 2/27/23 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B318732

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA152434) v.

RASHEED MALCOLM JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Connie R. Quinones, Judge. Affirmed as modified.

Michael S. Evans for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Rama R. Maline, for Plaintiff and Respondent.

**********

The sole issue presented is whether the trial court incorrectly calculated presentence custody credits. Defendant and appellant Rasheed Malcolm Jones pled no contest to one count of assault with a firearm and admitted a prior 2012 conviction for the same offense in exchange for a four-year sentence. Defendant contends the court erred in not awarding him presentence custody credits in accordance with Penal Code section 4019. We agree that presentence custody credits should have been calculated pursuant to Penal Code section 4019. We therefore modify the judgment to reflect presentence custody credits in the total amount of 993 days and otherwise affirm the judgment as so modified. FACTUAL AND PROCEDURAL SUMMARY Defendant was charged, along with three codefendants, with several felonies. In January 2022, pursuant to a negotiated plea agreement, defendant pled no contest to one count of assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and admitted having suffered a prior conviction for assault with a firearm in 2012 in exchange for a four-year prison sentence. The parties stipulated to a factual basis for the plea and the court accepted defendant’s plea and waivers on the record, finding them to have been knowingly, intelligently and voluntarily made. The remaining counts against defendant were dismissed. The court imposed sentence according to the negotiated plea agreement. The court awarded defendant presentence custody credits in the total amount of 596 days (497 actual, plus 99 conduct). The court rejected defendant’s argument that presentence custody credits should be awarded pursuant to Penal Code section 4019.