People v. Pirtle CA4/1 ( 2013 )

Filed 11/12/13 P. v. Pirtle CA4/1
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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D063488
Plaintiff and Respondent,
(Super. Ct. Nos. SCD243096,
v. SCN312679)
RICKY DON PIRTLE,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County,
Dwayne K. Moring, Judge. Judgment affirmed as modified.
John L. Staley, under appointment by the Court of Appeal, for Defendant
and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant
Attorney General, Julie L. Garland, Assistant Attorney General, Charles C.
Ragland and Jennifer B. Truong, Deputy Attorneys General, for Plaintiff and
Respondent.
Ricky Don Pirtle appeals after he pleaded guilty to one count of possessing
a controlled substance for sale in two separate cases (SCD243096, SCN312679).
He received a total term of five years in local custody. He contends, the Attorney
General concedes, and we agree that the trial court erroneously calculated his total
presentence custody credits by calculating the actual custody credits and conduct
credits for his two cases separately, rather than adding the actual custody credits
for his two cases together and then calculating his conduct credits based on the
aggregate number of actual custody credits.
DISCUSSION
Pirtle served 57 and 23 actual days in custody, respectively, in case
numbers SCD243096 and SCN312679. The trial court was required to aggregate
the actual days in custody, resulting in an award of 80 days of actual custody
credits. (People v. Culp (2002) 100 Cal.App.4th 1278, 1283–1284.) Applying the
two days of presentence conduct credits for every two-day period of confinement
calculation under amended Penal Code section 4019, subdivision (f), Pirtle should
be awarded 80 days of conduct credits, for a total of 160 days of presentence
custody credits. Accordingly, the judgment must be modified to reflect a total of
160 days of presentence custody credits.
DISPOSITION
The judgment is modified to reflect a total of 160 days of presentence
custody credit. The clerk of the superior court is directed to prepare an amended
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abstract of judgment and forward a copy to the appropriate authorities. As so
modified, the judgment is affirmed.
MCINTYRE, J.
WE CONCUR:
HUFFMAN, Acting P. J.
MCDONALD, J.
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