JUDGE ROSS KLEIN
LOS ANGELES SUPERIOR COURT
TELEPHONE: (562) 804-8045
Klein's Korner Column: Police Recording of Jail Telephone Calls or “Hello, I Must Be Going”
Proposition 36 Analysis:
Changes Since December 2006 Outline
Part I: Proposition 36 Cases (As of March, 2007)
Part II: Reference Guide (As of March, 2007)
CHANGES SINCE DECEMBER, 2006 OUTLINE
People v. Davenport (2007) 148 Cal App 4th 240 was decided by the Second Appellate District. In Davenport, the defendant was placed in Proposition 36 treatment and spent 88 days in a residential treatment program as a condition of his formal probation. Later, his probation was revoked and terminated and he was sentenced to two years state prison. The defendant asked that he be given credit for the 88 days that he was in residential treatment. The trial court said no. The appellate court said yes and reversed. Since the defendant was doing the residential treatment program as a condition of his probation, Penal Code section 2900.5(f) requires that he be given credit for the actual number of days (with no additional “good time/work time”) against his sentence.
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