P. v. Dieck 10/4/07 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C052606

Case Date: 01/03/2008

Preview:Filed 10/4/07

P. v. Dieck 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Trinity) ----

THE PEOPLE, Plaintiff and Respondent, v. ROLAND WILLIAM DIECK, Defendant and Appellant.

C052606 (Super. Ct. No. 05F169)

After defendant Roland William Dieck pled no contest to receiving stolen property and possession of marijuana, the trial court granted him probation with 365 days in county jail. appeal, defendant contends: On

(1) the trial court erred when it

did not award him conduct credit under Penal Code section 40191 for five days he served in jail prior to sentencing and (2) the probation condition that requires defendant not to be in any

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place where illegal substances are present should be amended to include a knowledge element. We reject defendant's first argument because section 4019, subdivision (e) precludes awards of conduct credit when a defendant has served less than six days in jail. As to

defendant's second argument, we modify the probation condition to include a knowledge element. PROCEDURE Defendant was charged with the following counts: (1) receiving stolen property in violation of section 496, subdivision (a); (2) cultivation of marijuana in violation of Health and Safety Code section 11358; and (3) felon in possession of a firearm in violation of section 12021 subdivision (a)(1). Defendant pled no contest to receiving stolen property and possession of marijuana (Health & Saf. Code,

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