People v. Hul
152 Cal. Rptr. 3d 319
Cal. Ct. App.2013Background
- Hul was convicted of possessing a usable quantity of cocaine (Health & Saf. Code, § 11350, subd. (a)) for an offense on May 26, 2011; arrest and jail booking occurred the same day.
- He remained in jail without bail through the October 2011 jury verdict and sentencing, when the court imposed a 16-month term that would have been prison time but for Realignment Act effects.
- Under Realignment, the court remanded Hul to local custody to serve his term, with eligibility for presentence credits governed by the county jail rate rather than state prison credits.
- Hul received 156 days of actual time and 78 days of conduct credits (234 total) at sentencing; he argued for 312 total days by full, day-for-day presentence credits.
- The trial court, interpreting § 4019 as applied post-Realignment, awarded half-time conduct credits for jail custody; Hul contends prior-law credits would have been full day-for-day since the 16-month term would have been served in state prison under prior law.
- The appellate court held Hul is entitled to full, day-for-day presentence conduct credits, calculated as prior law would have provided, resulting in 312 total days of presentence credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper rate for presentence conduct credits for Hul | Hul is entitled to full, day-for-day credits | Credits are half-time for jail custody under former § 4019 | Hul receives full day-for-day credits |
| Effect of Realignment on applying prior-law credits for pre-October 1, 2011 offenses | Prior law governs pre-October 1, 2011 offenses; day-for-day applies | Realignment dictates jail-credit framework; half-time applies | Prior law applies; day-for-day credits |
Key Cases Cited
- People v. Loeun, 17 Cal.4th 1 (Cal. 1997) (statutory interpretation employing plain meaning when unambiguous)
- People v. Sinohui, 28 Cal.4th 205 (Cal. 2002) (interpretation of presentence credits under prior and post-Realignment frameworks)
