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The People v. Eric Lennox

December 19, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ERIC LENNOX, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F08206)

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

P. v. Lennox

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Eric T. Lennox pled no contest to second degree burglary (Pen. Code, § 459).*fn1 The trial court suspended imposition of sentence and placed defendant on five years' formal probation. As a condition of probation, the trial court imposed a one-year county jail term with 115 days' credit for time served.

The trial court subsequently found defendant violated his probation and sentenced him to three years in state prison with 585 days credit, consisting of 144 days' presentence custody, 76 days' presentence conduct, and the 365 days in jail under the probation condition. Following defendant's motion to amend the credits, the trial court modified the award to 653 days -- 365 days served as a condition of probation, 144 days of actual time served, and 144 days of conduct credits.

On appeal, defendant contends he was entitled to additional conduct credits for his 365 days in county jail pursuant to the probation condition. We affirm.

BACKGROUND

We dispense with the facts of defendant's crime and his probation violation as they are unnecessary to resolve this appeal.

Defendant entered his plea on September 23, 2009. On November 13, 2009, the trial court suspended imposition of sentence, placed defendant on probation, and ordered him to serve 365 days in county jail with 115 days' credit. In making its order, the trial court stated: "The law does permit an award of conduct and work-time credits up to one-third of the sentence that is imposed by the Court. The jail will determine good-time work-time credits based on Mr. Lennox's behavior."

Defendant was sentenced on the probation violation on May 27, 2011, without a supplemental probation report. The trial court awarded 365 days' credit for the probation sentence, and 144 days' actual and 76 days' conduct credit for his presentence incarceration. Defendant then filed a motion to change the award of credits based on the amendments to section 4019.

Defendant's motion set forth three alternative credit calculations for the trial court: (a) 240 days' actual time and 240 days' conduct credits for the November 2009 incarceration, and 144 days' actual and 144 days' conduct for presentence custody; (b) 365 days' credit for the November 2009 incarceration plus 144 days' actual and 144 days' conduct credit for presentence custody; (c) 240 days' actual and 240 days' conduct credit for the November 2009 incarceration, and 144 days' actual and 76 days' conduct for presentence incarceration.

The trial court held a hearing on defendant's motion and choose option (b), amending the award to 365 days' credit for the jail time under the probation condition, and 144 days' actual and 144 days' conduct credit for defendant's presentence ...


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