People v. Jackson-Reynolds

Full title: THE PEOPLE, Plaintiff and Respondent, v. APRIL DAWN JACKSON-REYNOLDS…

Court: California Court of Appeals, Sixth District

Date published: Oct 23, 2008

No. H032834 (Cal. Ct. App. Oct. 23, 2008)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. APRIL DAWN JACKSON-REYNOLDS, Defendant and Appellant. H032834 California Court of Appeal, Sixth District October 23, 2008

NOT TO BE PUBLISHED

Santa Cruz County Super. Ct. No. F15327.

Premo, J.

Defendant April Dawn Jackson-Reynolds pleaded guilty to gross vehicular manslaughter while intoxicated with a blood alcohol level of .15 or greater (count 1) and driving with a license suspended for driving under the influence (count 2). The trial court sentenced her to 10 years in prison for the conviction on count 1 and one concurrent year for the conviction on count 2. The trial court awarded defendant 339 days credit for actual time served and 139 days for conduct credit. On appeal, defendant contends that the trial court erred by (1) sentencing her to one year rather than six months for count 2, and (2) awarding her 139 days rather than 168 days for conduct credit. The People concede the issues. We agree that the concessions are appropriate. We therefore modify the judgment and affirm.

COUNT 2

A person convicted of count 2 for the first time shall be punished “by imprisonment in the county jail for not less than 10 days or more than six months . . . .” (Veh. Code, § 14601.2, subd. (d)(1).) A person convicted of count 2 within five years of a prior conviction (or of other specified offenses) shall be punished “by imprisonment in the county jail for not less than 30 days or more than one year . . . .” (Id., subd. (d)(2).)

The parties agree that there is no evidence in the record that defendant had suffered a prior for purposes of Vehicle Code section 14601.2, subdivision (d)(2). The one-year sentence should therefore be a six-month sentence.

CONDUCT CREDIT

The formula for conduct credits is to divide the actual credits by four (without accounting for a remainder) and multiply that product by two. (People v. Culp (2002) 100 Cal.App.4th 1278, 1283.) Dividing 339 by 4 yields 84; 84 times 2 yields 168.

DISPOSITION

The judgment is modified as follows: defendant’s sentence on count 2 shall be six months; local conduct credits shall be 168 making the total credits amount to 507. As so modified, the judgment is affirmed.

WE CONCUR: Rushing, P.J., Elia, J.