California Court of Appeals, Fourth District, First Division
from an order of the Superior Court of San Diego County No.
SCD243042, Eugenia A. Eyherabide, Judge.
L. Gambale, under appointment by the Court of Appeal, for
Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Julie L. Garland, Assistant
Attorney General, Charles C. Ragland and Marvin E. Mizell,
Deputy Attorneys General, for Plaintiff and Respondent.
Lareah Tate appeals from an order revoking probation and
imposing a seven-year prison term. Tate contends that the
trial court erred in awarding her zero days of Penal
Code section 4019 conduct
credits. Tate argues that the court erroneously
concluded that she had waived all section 4019 conduct
credits, including future credits, by virtue of a December
11, 2014 agreement in which Tate admitted violating parole
and agreed to waive her section 4019 credits in exchange for
reinstatement of probation.
People argue that Tate's waiver included a waiver of
future section 4019 credits that she might otherwise have
earned, whereas Tate contends that she waived only the
section 4019 credits that she had already earned at the time
of the waiver. We conclude that the record in this case
demonstrates only that Tate agreed to waive past conduct
credits under section 4019. We therefore reverse the award of
zero days of section 4019 conduct credits in the order
revoking probation and imposing the seven-year prison term,
and remand the matter for the limited purpose of determining
Tate's eligibility for conduct credits under section 4019
for the time period after she waived section 4019 credits at
the October 18, 2013 hearing.
in the trial court
September 10, 2012, the People charged Tate with felony child
abuse (§ 273a, subd. (a)), possession of methamphetamine
(Health & Saf. Code,
§ 11377, subd. (a)), and being under the influence of
methamphetamine (Health & Saf. Code, § 11550, subd.
(a)). The People also alleged that Tate had suffered three