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The People v. Willie James Johnson

March 7, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
WILLIE JAMES JOHNSON, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F09869)

The opinion of the court was delivered by: Blease , Acting P. J.

P. v. Johnson

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Willie James Johnson entered a negotiated plea of no contest to possession of marijuana while in state prison (Pen. Code, § 4573.6; undesignated section references are to this code) and admitted a strike prior (§§ 667, subds. (b)-(i), 1170.12) in exchange for a stipulated eight-year term to run consecutive to his current sentence.*fn1 Another strike prior was dismissed in the interests of justice. The trial court sentenced defendant to state prison for eight years.

Defendant appeals. He contends that he is entitled to additional presentence custody credit. We reject his claim and will affirm the judgment.

FACTS

In view of defendant's plea and his contention on appeal, a detailed recitation of the facts underlying the offense is not necessary. Suffice it to say that on September 7, 2008, while an inmate at a state prison, defendant was placed on a contraband watch. Correctional officers observed defendant pass 2.81 grams of marijuana contained within four separate balloons.

DISCUSSION

On October 15, 2004, defendant was sentenced to state prison for a term of five years for assault with a firearm. On July 31, 2009, Department of Corrections and Rehabilitation (DCR) released defendant on parole. That same day, defendant was transported to the county jail to face the marijuana charge to which he later entered his plea of no contest. At sentencing, the trial court awarded defendant presentence custody credit on the marijuana offense from July 31, 2009 (the date he was released on parole and was transported to county jail) to June 30, 2010 (the date of sentencing on the marijuana offense); the court awarded 335 actual days and 166 conduct days for a total of 501 days of presentence custody credit. Defendant contends that he is entitled to additional presentence custody credit from April 13, 2009, to July 30, 2009. He claims that DCR erred in releasing him on parole for the assault offense on July 31, 2009. He claims he should have been released on April 13, 2009.*fn2 We conclude that defendant has failed to demonstrate on this record that he is entitled to additional presentence custody credit.

Background

According to defendant's prison chronological history form, DCR received defendant for the assault offense on October 21, 2004, and originally calculated his earliest possible release date (EPRD) as November 13, 2008. As a result of a disciplinary hearing in November 2005, defendant lost 30 days credit yielding a new EPRD of December 13, 2008. On April 13, 2007, defendant lost 30 days credit and an additional 360 days credit for conduct on separate dates, yielding a new EPRD of August 2, 2009, and resulting in a "WG [work group] Change." A June 13, 2007, notation reflects "transfer audit" and a September 17, 2007, notation reflects "intake audit."*fn3 On March 24, 2008, a notation refers to a revised worksheet for defendant's recalculated EPRD. The revised worksheet is not part of the record on appeal nor is the recalculated EPRD. Defendant lost an additional 90 days of credit for conduct on three separate occasions (November 17, 2008, December 3, 2008, and February 6, 2009). On July 28, 2009, a notation states, "wanted by Sacramento District Attorney wrnt [sic] #08F09869" (the current marijuana offense). On July 31, 2009, defendant was paroled and released to Sacramento County on its warrant.

For defendant's current marijuana offense, the probation officer recommended that the trial court award 316 actual days from July 31, 2009, to June 11, 2010 (the ...


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