Saturday, November 8, 2008

California DUI courts must sentence properly & give credits

California DUI criminal defense lawyers at www.SanDiegoDrunkDrivingAttorney.net/survey and California DUI criminal defense attorneys at www.sandiegodrunkdrivingattorney.net/penalty report a new case:

Filed 10/23/08 P. v. Jackson-Reynolds CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT


THE PEOPLE,

Plaintiff and Respondent,

v.

APRIL DAWN JACKSON-REYNOLDS,

Defendant and Appellant.
H032834
(Santa Cruz County
Super. Ct. No. F15327)
Defendant April Dawn Jackson-Reynolds pleaded guilty to gross vehicular manslaughter while intoxicated with a blood alcohol level of .15 or greater (count 1) and driving with a license suspended for driving under the influence (count 2). The trial court sentenced her to 10 years in prison for the conviction on count 1 and one concurrent year for the conviction on count 2. The trial court awarded defendant 339 days credit for actual time served and 139 days for conduct credit. On appeal, defendant contends that the trial court erred by (1) sentencing her to one year rather than six months for count 2, and (2) awarding her 139 days rather than 168 days for conduct credit. The People concede the issues. We agree that the concessions are appropriate. We therefore modify the judgment and affirm.
COUNT 2
A person convicted of count 2 for the first time shall be punished “by imprisonment in the county jail for not less than 10 days or more than six months . . . .” (Veh. Code, § 14601.2, subd. (d)(1).) A person convicted of count 2 within five years of a prior conviction (or of other specified offenses) shall be punished “by imprisonment in the county jail for not less than 30 days or more than one year . . . .” (Id., subd. (d)(2).)
The parties agree that there is no evidence in the record that defendant had suffered a prior for purposes of Vehicle Code section 14601.2, subdivision (d)(2). The one-year sentence should therefore be a six-month sentence.
CONDUCT CREDIT
The formula for conduct credits is to divide the actual credits by four (without accounting for a remainder) and multiply that product by two. (People v. Culp (2002) 100 Cal.App.4th 1278, 1283.) Dividing 339 by 4 yields 84; 84 times 2 yields 168.
DISPOSITION
The judgment is modified as follows: defendant’s sentence on count 2 shall be six months; local conduct credits shall be 168 making the total credits amount to 507. As so modified, the judgment is affirmed.




Premo, J.


WE CONCUR:




Rushing, P.J.




Elia, J.