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People v. Jonescu

California Court of Appeals, Fourth District, First Division
Mar 28, 2008
No. D051268 (Cal. Ct. App. Mar. 28, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. DONALD VICTOR JONESCUE, JR., Defendant and Appellant. D051268 California Court of Appeal, Fourth District, First Division March 28, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of San Diego County, Herbert J. Exharos, Judge. Super. Ct. No. SCE271116

O'ROURKE, J.

Donald Victor Jonescue, Jr. entered a negotiated guilty plea to possessing methamphetamine for sale (Health & Saf. Code, § 11378). The court sentenced him to prison for a stipulated three-year upper term. Jonescue appeals. We affirm.

BACKGROUND

On February 6, 2007, Jonescue knowingly possessed methamphetamine for sale.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. She presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, she lists, as a possible but not arguable issue, whether Jonescue was sentenced in accordance with the plea agreement.

We granted Jonescue permission to file a brief on his own behalf. He has responded, contending he is entitled to 150 days' credits plus "any" conduct credits. He asserts he was incarcerated for five months, from November 2006 until April 8, 2007, for the parole violation for which the term was to run concurrently with the sentence in the instant case. Because there is nothing in the record showing that Jonescue raised the credits issue in the trial court, he is precluded from doing so now. (People v. Mendez (1999) 19 Cal.4th 1084, 1093, 1100-1101; Pen. Code, § 1237.1.) Furthermore, "where a period of presentence custody stems from multiple, unrelated incidents of misconduct, such custody may not be credited against a subsequent formal term of incarceration if the prisoner has not shown that the conduct which underlies the term to be credited was also a 'but for' cause of the earlier restraint. Accordingly, when one seeks credit upon a criminal sentence for presentence time already served and credited on a parole . . . revocation term, he cannot prevail simply by demonstrating that the misconduct which led to his conviction and sentence was 'a' basis for the revocation matter as well." (People v. Bruner (1995) 9 Cal.4th 1178, 1193-1194.) The record shows Jonescue was in custody in this case from May 24, 2007, the date of arraignment, through June 7, 2007, the date of sentencing, a total of 15 days. Because Jonescue waived his right to a probation report, there is no further evidence in the record concerning his period of presentence confinement. The court awarded Jonescue 17 days' actual credits and eight days conduct credits, for a total of 25.

A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issue listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Jonescue has been competently represented by counsel on this appeal.

DISPOSITION

Judgment affirmed.

WE CONCUR: HUFFMAN, Acting P. J., NARES, J.


Summaries of

People v. Jonescu

California Court of Appeals, Fourth District, First Division
Mar 28, 2008
No. D051268 (Cal. Ct. App. Mar. 28, 2008)
Case details for

People v. Jonescu

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DONALD VICTOR JONESCUE, JR.…

Court:California Court of Appeals, Fourth District, First Division

Date published: Mar 28, 2008

Citations

No. D051268 (Cal. Ct. App. Mar. 28, 2008)