P. v. Garcia 8/16/11 CA2/8

State: California

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

Docket No: B227137

Case Date: 11/30/2011

Preview:Filed 8/16/11 P. v. Garcia CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Respondent, v. ROBERTO GARCIA, Defendant and Appellant. B227137 (Los Angeles County Super. Ct. No. BA373574)

APPEAL from a judgment of the Superior Court of Los Angeles County. Alex Ricciardulli, Judge. Affirmed in part, reversed in part, and remanded. Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Keith H. Borjon and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

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Roberto Garcia appeals from the courts calculation of his presentence conduct credits. We reverse and remand for the court to reconsider his credits, but otherwise affirm. FACTS AND PROCEEDINGS Appellant Roberto Garcia was arrested in the summer of 2010 and charged with four counts of selling or offering to sell methamphetamine. It was also alleged he had a prior "serious or violent felony" under Penal Code sections 1170.12 and 667. Appellant initially pleaded not guilty. He later entered into a plea bargain admitting one count, and the trial court dismissed the three remaining counts. The court sentenced appellant to three years in state prison. In calculating appellants presentence custody credits, defense counsel noted appellant had served 50 days in actual custody. Therefore, according to counsel, appellant was entitled to 50 days of good time/work time conduct credit under the version of Penal Code section 4019 (

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