88 Cal.App.5th 818
Cal. Ct. App.2023Background
- In Jan 2022 Rasheed Malcolm Jones pled no contest to one count of assault with a firearm and admitted a prior 2012 conviction for the same offense in exchange for a 4‑year term; remaining counts were dismissed.
- The trial court accepted the plea, sentenced per the agreement, and awarded 596 days of presentence custody credits (497 actual + 99 conduct).
- Defense argued at sentencing he was entitled to "day‑for‑day" conduct credits under Penal Code § 4019 because assault with a firearm is a serious but not a violent felony; the court denied relief, citing his admission of the prior strike.
- Jones appealed without a certificate of probable cause; the People argued the appeal should be dismissed under Penal Code §§ 1237.5 and 1237.1 as an attack on the plea.
- The Court of Appeal held the appeal was properly before it and concluded presentence credits must be calculated under Penal Code § 4019, modifying the judgment to reflect 993 days total (497 actual + 496 conduct).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appeal must be dismissed for lack of a certificate of probable cause or failure to raise claim below | The challenge seeks an upward modification of credits that effectively attacks the plea (because of the admitted prior strike), so § 1237.5 requires a certificate; alternatively, defendant failed to preserve the claim under § 1237.1 | The claim contests only a sentencing calculation (presentence credits), not plea validity; defense counsel raised the credits issue at sentencing, satisfying § 1237.1 | Appeal not dismissed. Credit calculation challenge does not require a certificate of probable cause; defendant presented the claim at sentencing. |
| Proper law for calculating presentence custody credits (effect of admitted prior strike/Three Strikes) | Because defendant admitted a prior strike and Three Strikes statutes (and related provisions) limit credit earning, his credits should be limited (People argued a cap such as 20%/statutory limitations apply) | Presentence credits are governed by Penal Code § 4019; Three Strikes credit restrictions apply to post‑sentence credits and section 2933.1’s limits apply only to defendants convicted of violent felonies listed in § 667.5(c); assault with a firearm is not such a listed violent felony | Credits were miscalculated. Presentence credits governed by § 4019; Three Strikes limitations do not apply pre‑sentence. Judgment modified to 993 days (497 actual + 496 conduct). |
Key Cases Cited
- People v. Panizzon, 13 Cal.4th 68 (1996) (appeal after plea looks to substance; challenges to plea validity may trigger certificate requirement)
- People v. Cuevas, 44 Cal.4th 374 (2008) (same principle on plea‑based appeals and certificate requirement)
- People v. Thomas, 21 Cal.4th 1122 (1999) (presentence custody credits are ordinarily calculated under Penal Code § 4019)
- People v. Buckhalter, 26 Cal.4th 20 (2001) (Three Strikes restrictions on credit earning apply to post‑sentence credits and do not limit presentence credits)
- People v. Hodges, 174 Cal.App.4th 1096 (2009) (presentence custody credit issues do not require a certificate of probable cause)