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The People v. Sean Cory Sogoian

October 3, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
SEAN CORY SOGOIAN, DEFENDANT AND APPELLANT.



(Super. Ct. No. NCR79597)

The opinion of the court was delivered by: Mauro , J.

P. v. Sogoian

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Sean Cory Sogoian pleaded guilty to vehicle theft, evading an officer, and second degree commercial burglary. He was sentenced to 13 years 4 months in prison.

Defendant contends the matter must be remanded for determination of presentence credit, because the trial court incorrectly indicated that "the jail determines credits." The People agree that the matter should be remanded.

We will remand the matter and direct the trial court to conduct a hearing and determine defendant's presentence credit.

BACKGROUND

Our recitation of the background is appropriately limited to the circumstances relevant to defendant's contention on appeal. Defendant pleaded guilty to two counts of vehicle theft, one count of evading an officer, and 14 counts of second degree commercial burglary. He also admitted he had served a prior prison term. In exchange for his plea, an allegation of a prior strike and an additional case were dismissed. The trial court sentenced defendant to an aggregate term of 13 years 4 months in prison, imposed a restitution fine of $6,800, and ordered victim restitution in the amount of $1,470.34.

At the sentencing hearing, the trial court addressed presentence credit as follows:

"[THE COURT:] And does either counsel wish to address credits? The credit issue that I am concerned with is the jail stated that they denied credits from October 14th to November 22nd. However, Probation calculated the credits without taking away those credits.

"[Defense Counsel]: Well, Your Honor, I was kind of in a quandary as to why the credits were taken away from the 412 and gave the adjusted total of 200. There is no explanation in the jail -- or from the Probation Department as to it. The letter that I received on November 30th says he had -- The arrest date was May 15th, 2010. In-custody, current date, actual days, 206; conduct credit, 206; total, 412.

"THE COURT: Counsel, I can answer that, I believe.

"Page 13 of the report indicates that from May 15th to August 28th he was in custody for parole violations that were unrelated to this offense. So the ...


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