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The People v. Orlando Dehaven Collins

September 7, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ORLANDO DEHAVEN COLLINS, DEFENDANT AND APPELLANT.



(Super. Ct. No. 084280)

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

P. v. Collins

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Orlando Dehaven Collins pled no contest to second degree burglary (Pen. Code, § 459)*fn1 and was placed on probation in Yolo County. He later pled no contest to petty theft with a prior theft-related conviction in Stanislaus County. (§ 666.) After his probation was revoked in Yolo County, defendant was sentenced to consecutive state prison sentences.

On appeal, defendant seeks additional conduct credits related to the Stanislaus County case. For the reasons we shall discuss, we modify defendant's sentence, subtracting (not adding) conduct credits previously awarded. We order that the abstract be modified, and otherwise affirm the judgment.

PROCEDURAL HISTORY*fn2

In October 2008, defendant was convicted of second degree burglary in Yolo County case No. 084280. The trial court sentenced defendant to three years in state prison, but suspended execution of that sentence and placed defendant on probation for three years.

In October 2009, defendant was convicted of petty theft with a prior theft-related conviction in Stanislaus County case No. 1407783. Defendant was sentenced to two years in state prison with 85 days' presentence credit, consisting of 57 days' actual custody credit and 28 days' conduct credit.

The trial court in Yolo County subsequently found defendant violated his probation in Yolo County case No. 084280. On February 22, 2010, the trial court sentenced defendant to state prison in the Yolo County case and resentenced defendant in the Stanislaus County case pursuant to section 1170.1, subdivision (a) and rule 4.452 of the California Rules of Court. The trial court executed the previously stayed three-year term in the Yolo County case, designated that term as the principal term, and imposed a consecutive eight-month term for the Stanislaus County conviction. Applying the January 2010 amendments to section 4019, the trial court awarded 161 days' presentence credit in case No. 084280, consisting of 81 days' actual custody credit and 80 days' conduct credit. However, the Yolo County credits are not reflected in the abstract of judgment.

Defendant subsequently moved for additional presentence credit in the Stanislaus County case. The Yolo County trial court denied defendant's motion and confirmed the 85 days' presentence credit previously awarded in Stanislaus County.

DISCUSSION

I. Retroactivity of Penal Code Section 4019 ...


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