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People v. Hul
152 Cal. Rptr. 3d 319
Cal. Ct. App.
2013
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Background

  • 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)
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Case Details

Case Name: People v. Hul
Court Name: California Court of Appeal
Date Published: Jan 29, 2013
Citation: 152 Cal. Rptr. 3d 319
Docket Number: No. G046040
Court Abbreviation: Cal. Ct. App.