P. v. James 6/24/11 CA4/1

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State: California

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

Docket No: D057527

Case Date: 08/31/2011

Preview:Filed 6/24/11

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

THE PEOPLE, Plaintiff and Respondent, v. KENT JAMES, Defendant and Appellant.

D057527

(Super. Ct. No. SCD225061)

APPEAL from a judgment of the Superior Court of San Diego County, Kathleen M. Lewis, Judge. Affirmed. Patrick Morgan Ford, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela Ratner Sobeck and Meredith A. Strong, Deputy Attorneys General, for Plaintiff and Respondent.

Kent James appeals from a judgment entered after he pled guilty to one count of possession of a controlled substance and admitted that he had a prison prior. James

contends that the superior court erred in denying him enhanced presentence custody credits under Penal Code1 section 4019, because the prosecution did not plead and prove that he has suffered a prior serious felony conviction. James maintains that in order for a prior conviction to be used to disqualify a defendant from receiving the enhanced credits, the prior must be pled and proved. We conclude that no pleading and proof requirement applies to the enhanced custody credit provisions of section 4019, and thus affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND After a traffic stop during which police found two packaged pieces of cocaine base and two glass pipes in James's possession, James was arrested and charged with one count each of possession of a controlled substance and possession of narcotics paraphernalia. The charging information also alleged that James had suffered two prison priors and one strike prior. James subsequently agreed to plead guilty to the drug possession charge and to admit one of the prison prior allegations in exchange for dismissal of the remaining charge and allegations, including the strike prior allegation. James stipulated to a sentence of four years, suspended for a period of three years, on the conditions that he serve 365 days in jail and thereafter be placed on formal probation and enter a long-term drug treatment program. The trial court awarded James 147 days of presentence custody credits, consisting of 99 days actually served and 48 days of conduct credits under section

1

All further statutory references are to the Penal Code. 2

4019. The court determined that James's prior strike conviction rendered him ineligible for enhanced credits, despite the fact that the court dismissed the strike prior for purposes of sentencing in this case. James filed a notice of appeal and obtained a certificate of probable cause to challenge the trial court's denial of additional custody credits. DISCUSSION Under section 2900.5, a person who is sentenced to state prison for criminal conduct is entitled to credit against the term of imprisonment for all days spent in custody prior to sentencing. (

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