People v. Knight

2 Citing cases

  1. People v. Mendoza

    187 Cal.App.3d 948 (Cal. Ct. App. 1986)   Cited 16 times
    In People v. Mendoza (1986) 187 Cal.App.3d 948 (Mendoza), this court addressed the procedural issue of whether a defendant may appeal from an application to calculate postjudgment credits.

    After the period for appeal had passed, as it had in the Hyde case, a defendant's only right to review of sentencing miscalculations was by petition for habeas corpus. A postjudgment motion remedy was specifically found to be unavailable in People v. Knight (1976) 57 Cal.App.3d 515, 519-520 [ 129 Cal.Rptr. 259] and in People v. Lynn, supra, 87 Cal.App.3d 591, 593. Lynn specifically found that: "At this point Lynn could have appealed the order granting probation, for review of the court's ruling on the credit issue and the inclusion of the search and seizure provision.

  2. People v. Wischemann

    94 Cal.App.3d 162 (Cal. Ct. App. 1979)   Cited 28 times
    In People v. Wischemann (1979) 94 Cal.App.3d 162 [ 156 Cal.Rptr. 386], for example, the defendant robbed a customer who entered a convenience store while the holdup was in progress.

    Accordingly, we are unable to resolve this matter, and must remand the matter to the trial court. "If the credit authorized by Penal Code section 2900.5 depends upon a disputed issue of fact we see no reason why that disputed question may not be presented, on motion and notice, for resolution to the court which imposed the sentence and which has ready access to the information necessary to resolve the dispute" ( People v. Hyde, 49 Cal.App.3d 97, 102 [ 122 Cal.Rptr. 297]; see also People v. Knight, 57 Cal.App.3d 515, 519-520 [ 129 Cal.Rptr. 259]). "(a) In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including but not limited to any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution, all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, and including days credited to the period of confinement pursuant to Section 4019, shall be credited upon his term of imprisonment, or credited to any fine which may be imposed, at the rate of not less than thirty dollars ($30) per day, or more, in the discretion of the court imposing the sentence.