People v. Garcia
209 Cal. App. 4th 530
| Cal. Ct. App. | 2012Background
- Garcia was convicted of criminal threats on May 28, 2010, and had a prior serious felony conviction.
- He was sentenced January 26, 2011 to six years four months in state prison.
- He served 244 days in local presentence custody before sentencing.
- Five overlapping 2009–2011 bills changed presentence conduct credits; the court focuses on how those apply to this case.
- Court held Garcia is entitled to two days of credit for every four days served in presentence custody due to his serious felony status, resulting in 366 total days of credit after adjustments.
- Judgment modified to reflect 244 days presentence custody and 122 days conduct credit; total 366 days; other aspects affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What presentence credit formula applies to Garcia | Garcia argues one rule should apply under SB 3X 18 | Garcia's status as a serious felony offender triggers stricter limits | Two-for-four credit applies; stricter limits due to serious felonies. |
| Effect of SB 76 on Garcia’s credits | SB 76 should restore two-for-two credits | SB 76 does not apply to Garcia’s pre-sentencing credits | SB 76 governs credits for post-September 28, 2010 offenses; Garcia remains limited to two days per four days. |
| Impact of AB 109, AB 117, and IX 17 on Garcia | These acts would alter credit rates | They apply prospectively and to later offenses only | No retroactive impact on Garcia; credits do not change for pre-October 1, 2011 earned days. |
| Calculation outcome for Garcia’s credit | Garcia seeks broader presentence credit | Only two days per four days are credited | Total presentence credit 366 days (244 days custody + 122 days credits). |
Key Cases Cited
- People v. Brown, 54 Cal.4th 314 (Cal. 2012) (two-day credit rule and retroactivity facts relevant to presentence credits)
- People v. Lara, 54 Cal.4th 896 (Cal. 2012) (clarifies application of two-for-two/ two-for-four framework)
- Payton v. Superior Court, 202 Cal.App.4th 1187 (Cal. App. 2011) (discusses presentence credits and SB 3X 18 impact)
- In re Reeves, 35 Cal.4th 765 (Cal. 2005) (history of postsentence work credits and applicability to presentence credits)