(Super. Ct. No. CM028986)
The opinion of the court was delivered by: Murray , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 James Scott Hambleton was convicted of crimes in both Santa Clara County and Butte County. His sole contention in this appeal is that he is entitled to additional custody credits. We agree. The judgment must be modified.
FACTUAL AND PROCEDURAL BACKGROUND
Defendant's appeal involves sentencing on two felony cases, Santa Clara County case No. CC070720 (the Santa Clara County case) and Butte County case No. CM028986 (the Butte County case). The facts of defendant's offenses are not at issue and need not be set forth in this opinion.
On November 27, 2000, defendant was convicted of three counts of abandonment or nonsupport of a child in the Santa Clara County case. (Pen. Code, § 271,subd. (a).)*fn1 In May 2001, he was granted formal probation.
In July 2008, defendant pled guilty in the Butte County case to possession of a controlled substance, morphine. (Health & Saf. Code, § 11350, subd. (a).) Entry of judgment was deferred and defendant was released to a drug treatment program. (Pen. Code, § 1000.) In January 2010, the deferred entry of judgment was revoked. In March 2010, defendant was placed on Proposition 36 probation. (Pen. Code, § 1210.)
On April 29, 2010, following a probation violation for failing to drug test and failing to appear in court, defendant was sentenced to state prison for three concurrent terms of two years in the Santa Clara County case.
In July 2010, while serving his prison term on the Santa Clara County case, defendant requested that he be sentenced in the Butte County case. (§ 1381.) The court ordered preparation of a probation report.
On August 10, 2010, the trial court in Butte County terminated defendant's Proposition 36 probation and sentenced him as follows on the Santa Clara and Butte County cases: in the Butte County case, to state prison for two years with seven days' custody credit and six days' conduct credit; in the Santa Clara County case, to state prison for eight months, to be served consecutively to the term in the Butte County case, with 138 days' custody credit and 138 days' conduct credit.*fn2 (Cal. Rules of Court, rule 4.452.)*fn3
Defendant contends, and the Attorney General concedes, that he is entitled to custody credit for state prison time from April 30, 2010 (see fn. 4, post) through August 10, 2010. Defendant further contends he is entitled to an additional day of conduct credit in the Butte County case, for a total of seven days of conduct ...