From Casetext: Smarter Legal Research

People v. Bahena

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Jun 12, 2013
No. H038620 (Cal. Ct. App. Jun. 12, 2013)

Opinion

H038620

06-12-2013

THE PEOPLE, Plaintiff and Respondent, v. BERRY WILLIAMS BARRERA BAHENA, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Monterey County

Super. Ct. No. SS111685)


I. STATEMENT OF THE CASE

Defendant Berry Williams Barrera Bahena pleaded no contest to possession of methamphetamine for sale. (Health & Saf. Code, § 11378.) The court suspended imposition of sentence and placed him on probation. The court later terminated probation, imposed a 16-month sentence, and granted defendant 43 days of presentence custody credit and an additional 20 of conduct credit. On appeal, defendant claims he was entitled to an additional 23 days of conduct credit.

We agree and modify the judgment to reflect the additional credit.

II. DISCUSSION

The facts underlying defendant's offense and the revocation and termination of probation are not relevant to the issue raised on appeal, and therefore we need not summarize them.

Defendant was in custody for a crime committed on September 2, 2011. ~(CT 4)~ Under the provisions of Penal Code section 2933 in effect on that date, defendant was entitled to one-for-one conduct credit for every actual day spent in presentence custody. (Former § 2933, subd. (e), as amended by Stats. 2010, ch. 426, § 1, eff. Sept. 28, 2010; see People v. Rajanayagam (2012) 211 Cal.App.4th 42, 48.) Thus, since, as the trial court determined, he spent 43 days in custody, he was entitled to 43 days of conduct credit. The Attorney General concedes that defendant was entitled to 43 days of conduct credit.

III. DISPOSITION

The judgment is modified to reflect a total of 86 days of credit, consisting of 43 days of presentence custody credit and 43 days of conduct credit. As modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment reflecting the modifications and to forward a certified copy to the Department of Corrections and Rehabilitation.

______________________

RUSHING, P.J.
WE CONCUR: ______________________

PREMO, J.
______________________

ELIA, J.


Summaries of

People v. Bahena

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Jun 12, 2013
No. H038620 (Cal. Ct. App. Jun. 12, 2013)
Case details for

People v. Bahena

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. BERRY WILLIAMS BARRERA BAHENA…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

Date published: Jun 12, 2013

Citations

No. H038620 (Cal. Ct. App. Jun. 12, 2013)