People v. Delgado

Full title: THE PEOPLE, Plaintiff and Respondent, v. GLORIA DELGADO, Defendant and…

Court: California Court of Appeals, Second District, Sixth Division

Date published: May 17, 2010

2d Crim. B213271 (Cal. Ct. App. May. 17, 2010)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. GLORIA DELGADO, Defendant and Appellant. 2d Crim. No. B213271 California Court of Appeal, Second District, Sixth DivisionMay 17, 2010

Super. Ct. No 2008001932 (Ventura County)

ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on April 29, 2010, be modified as follows:

1. On Page 11, the first full paragraph beginning with "On April 3, 2009, the court sentenced appellant" is deleted and the following paragraph is inserted in its place:

On April 3, 2009, the court sentenced appellant to four years in state prison and awarded her 235 days of presentence credits. On August 19, 2009, the court granted her motion to award 47 additional days of presentence credits. In her opening brief, appellant requests that we order the superior court to issue an abstract of judgment to reflect the total of 282 days of presentence credits (188 days of actual custody and 94 days of section 4019 credits) that the court awarded her through August 19, 2009, and send a certified copy of the abstract to the Department of Corrections, and to counsel for appellant. Respondent does not object to that request, but disputes appellant's contention that she is entitled to additional section 4019 credits, which we address below.

There is no change in judgment.