California Court of Appeals, Fourth District, First Division
APPEAL from a judgment of the Superior Court of San Diego County, Nos. SCD253021 & SCE324175 Timothy Walsh, Judge.
Cynthia M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina, Parag Agrawal, and Daniel Hilton, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Tywayne A. Whitaker appeals a combined sentence that the trial court imposed after Whitaker engaged in additional criminal conduct while on probation. Whitaker pled guilty to a new charge, and the trial court revoked Whitaker's probation in the earlier case. The court sentenced Whitaker to a combined term of 13 years eight months in state prison.
Whitaker's sole contention on appeal relates to the number of conduct credits the trial court awarded him for the time he spent in custody prior to sentencing. Whitaker contends that the trial court improperly calculated his conduct credits by using a two-for-two formula, rather than a one-for-one formula. He asserts that he is entitled to 327 days of custody credits, corresponding with the 327 days that he had served in custody at the time of his sentencing, based on one day of conduct credit for each day actually served in custody.
We disagree with Whitaker's contention, and affirm the judgment of the trial court.
FACTUAL AND PROCEDURAL BACKGROUND