The People v. Jacobs
220 Cal. App. 4th 67
| Cal. Ct. App. | 2013Background
- Jacobs pleaded no contest to forcible rape (Pen. Code, § 261, subd. (a)(2)) in CR-11-01306 with a great bodily injury enhancement under § 12022.8 and pleaded no contest to unlawful sexual intercourse with a minor (§ 261.5, subd. (c)) in CR-11-01572 under a plea bargain that defined the sentencing range.
- On appeal, Jacobs contends defense counsel was ineffective for not advocating the minimum within the range and seeks additional presentence credits.
- The trial court sentenced Jacobs to a total of 11 years (6 years for forcible rape plus 5 years for the enhancement) in CR-11-01306 and a concurrent 2-year term in CR-11-01572, with presentence credits.
- The appellate court rejects the ineffective-assistance claim but undertakes a detailed recalculation of presentence credits under § 2900.5, 4019, and 2933.1.
- The court concludes the correct presentence custody credits are 47 days for CR-11-01306 and 132 days for CR-11-01572, and it orders the judgments modified and affirmed as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is defense counsel ineffective for not seeking the minimum sentence within the plea range? | Jacobs (Plaintiff) argues lack of advocacy undermines outcome. | Jacobs contends counsel failed to argue for the lower term within the agreed range. | No; Strickland standard not met; no reasonable probability of a different term. |
| Are presentence custody credits calculated correctly for both cases? | Jacobs claims entitlement to more days (155 in 01306, 153 in 01572). | Kunath and related authority require attribution and other limits; credits not duplicative. | No; credits recalculated to 41 actual days + 6 conduct in 01306 and 115 actual days + 17 conduct in 01572. |
| How should conduct credits under § 2933.1 be applied to a violent felony conviction? | 15% cap should yield more conduct credit across cases. | Credit limited to statutory 15% per 2933.1 for violent offenses. | Conduct credits limited to 6 days in 01306 and 17 days in 01572 (total 23 and 56 would be incorrect under current attribution). |
Key Cases Cited
- In re Joyner, 49 Cal.3d 489 (Cal. Supreme Court (1989)) (strict causation for duplicate presentence credits)
- Bruner, 9 Cal.4th 1178 (Cal. Supreme Court (1995)) (strict causation; presentence credit when concurrent vs. separate proceedings)
- Kunath, 203 Cal.App.4th 906 (Cal. App. LEXIS (2012)) (presentence credits across multiple cases with concurrent sentences; attribution rule)
- People v. Ramos, 50 Cal.App.4th 810 (Cal. App. 4th (1996)) (limits on 15% conduct credit when violent offenses involved)
- People v. Nunez, 167 Cal.App.4th 761 (Cal. App. 4th (2008)) (15% limitation applies per offense when violent)