Opinion
Page 1291a
67 Cal.App.4th 1291a THE PEOPLE, Plaintiff and Respondent, v. MELVIN ANDREW PARKER, Defendant and Appellant. B119466. California Court of Appeal, Second District, Seventh Division Nov 12, 1998[Modification of opinion (67 Cal.App.4th 200 78 Cal.Rptr.2d 868) on denial of petition for rehearing.]
This modification requires editorial changes in the second paragraph of the summary, page 200 of the advance report. In the bound volume report, the first 2 sentences of the second paragraph of the summary will be changed to read: "The Court of Appeal modified the judgment to impose an additional $200 fine, to remain suspended unless and until defendant violates parole; the court also modified the judgment to correct defendant's precommitment credits, and affirmed the judgment as modified. The court held that although the trial court computed conduct credit at 15 percent under Pen. Code, section 2933.1, the current offenses were not violent felonies within the meaning of Pen. Code, section 2933.1. Thus, defendant was entitled to precommitment credit calculated at a ratio of two for four under Pen. Code, section 2900.5." Headnote (1a, 1b) on pages 200-201, will be changed to read as set out above; and movement of text will be made affecting pages 202-203.
Before Lillie, P. J., Johnson, J., and Neal, J.
(Opinion by Neal, J., with Lillie, P. J., and Johnson, J., concurring.)
OPINION
THE COURT. *
It is ordered that the opinion filed herein on October 13, 1998, and modified on October 26, 1998, be further modified as follows:
1. Strike the paragraph on page two [67 Cal.App.4th 202, advance report, 4th par.] reading:
"Appellant did not object or request the trial court to correct its order granting precommitment credits. Such a request is mandatory before the issue of precommitment credit may be raised on appeal (Pen. Code, section 1237.1.) Hence we reject appellant's request to recompute his custody credits."
In lieu thereof, insert:
Appellant has requested correction of the conduct credit he was awarded. The court computed conduct credit at 15 percent under Penal Code section 2933.1. The current offenses are not "violent" felonies within the meaning of Penal Code section 2933.1. (People v. Henson (1997) 57 Cal.App.4th 1380, 1389 [67 Cal.Rptr.2d 734].) Appellant was entitled to precommitment credit calculated at a ratio of two for four under Penal Code section 2900.5. We will modify the judgment to award appellant 355 days of Penal Code section 2900.5 credit, consisting of 237 days of custody credit and 118 days of conduct credits.
2. Strike the dispositional paragraph on page 3 [67 Cal.App.4th 203, advance report] under "Disposition" and insert the following in lieu thereof:
Page 1291c
The judgment is modified to impose an additional $200 fine, to remain suspended unless and until appellant violates parole. The judgment is also modified to award appellant 355 days of Penal Code section 2900.5 credit, consisting of 237 days of custody credit and 118 days of conduct credit. The judgment is affirmed as modified. The court shall cause its clerk to prepare an amended abstract of judgment stating the restitution fines imposed under Penal Code sections 1202.4 and 1202.45 and the award of precommitment credit.
Petition for rehearing is denied.