Error and/or relief
Though not entitled to conduct credits because he was convicted under the One Strike Law, the defendant was entitled to credit for actual time in custody. The matter is remanded for the court to determine and award the length of time he was in custody.
First Holding:
The defendant is entitled to presentence custody credits. As there appears to be a factual discrepancy regarding the date of his arrest, we remand this issue to the trial court for a determination of the appropriate amount of presentence custody credit
Authority:
PEN 2900.5
People v. Ravaux (2006) 142 Cal.App.4th 914, 919
People v. Fares (1993) 16 Cal.App.4th 954, 958
Second Holding:
A person sentenced under the One Strike Law (section 667.61) is not entitled to pre-sentence conduct credit.
Authority:
People v. Adams (2018) 28 Cal.App.5th 170, 182
People v. Govan (2023) 91 Cal.App.5th 1015, 1036–1037
People v. Dearborne (2019) 34 Cal.App.5th 250, 267–268