People v. Darnell, No. B048769

CourtCalifornia Court of Appeals
Writing for the CourtSTEVEN J. STONE
Citation274 Cal.Rptr. 110,224 Cal.App.3d 806
PartiesThe PEOPLE, Plaintiff and Respondent, v. Thomas DARNELL, Defendant and Appellant. Crim.
Docket NumberNo. B048769
Decision Date20 September 1990

Page 110

274 Cal.Rptr. 110
224 Cal.App.3d 806
The PEOPLE, Plaintiff and Respondent,
v.
Thomas DARNELL, Defendant and Appellant.
Crim. No. B048769.
Court of Appeal, Second District, Division 6, California.
Sept. 20, 1990.

Page 111

[224 Cal.App.3d 808] Stein & Casciola and Jeffrey R. Stein, San Luis Obispo, for defendant and appellant.

Barry T. LaBarbera, Dist. Atty., and David L. Johnson, Deputy Dist. Atty., for plaintiff and respondent.

STEVEN J. STONE, Presiding Justice.

The sole issue here presented is whether the appellant, convicted of violating Vehicle Code section 23152, is entitled to custody credits for time served in an alcohol rehabilitation program as a pretrial condition to release on his own recognizance. Under the constrictions of a limited record before us, we find that he is entitled to credit for actual time served but is not entitled to conduct credits. 1 We affirm the judgment and remand for resentencing.

FACTS

The engrossed settled statement and the limited record reveal chronologically that November 30, 1988 Thomas Darnell was charged by complaint with driving under the influence of alcohol, violating Vehicle Code section 23152, subdivisions (a) and (b), and with three similar prior convictions. December 20, 1988, appellant was released on his own recognizance conditioned upon his residency in Adobe house, an alcohol rehabilitation facility. The prosecution did not object to this procedure. He remained there from January 3, 1989 through and including May 7, 1989. March 21, 1989, appellant entered a plea of no contest to violation of Vehicle Code section 23152, subdivision (b), driving with a blood alcohol level of .10 or higher, and admitted all prior allegations.

At sentencing May 12, 1989, appellant was sentenced to 180 days in jail. Appellant then moved for credit for time served as a result of his stay at Adobe House. The record does not reflect that the prosecution objected to this request. The municipal court found that the Adobe House program was a custodial facility within the meaning of Penal Code section 2900.5, but [224 Cal.App.3d 809] denied the motion because it concluded that People v. Municipal Court (Hinton) (1983) 149 Cal.App.3d 951, 197 Cal.Rptr. 204 precluded the grant of credits.

DISCUSSION

Penal Code section 2900.5 provides, in pertinent part: "(a) In all felony and misdemeanor convictions, ... when the defendant has been in custody, including ... any time spent in a jail, ... halfway house, rehabilitation facility, hospital, ... or similar residential institution, all days of custody of the defendant ... shall be credited upon his term of imprisonment, ..." It is not the procedure by which a defendant is placed in a facility that determines the right to credit, but the requirement that the placement be "custodial," and that the custody be attributable to the proceedings relating to the same conduct for which the defendant has been convicted. (People v. Tafoya (1987) 194 Cal.App.3d Supp. 1, 4, 239 Cal.Rptr. 458; People v. Mobley (1983) 139 Cal.App.3d 320, 323, 188 Cal.Rptr. 583; In re Watson (1977) 19 Cal.3d 646, 651, 139 Cal.Rptr. 609, 566 P.2d 243; Pen.Code, § 2900.5, subd. (b).) Courts have given the term "custody" as used in section 2900.5 a

Page 112

liberal interpretation. (In re Watson, supra, 19 Cal.3d at p. 651, 139 Cal.Rptr. 609, 566 P.2d 243.) A defendant is entitled to credit if he is released on his own recognizance on condition he remain in a custodial setting. (People v. Mobley, supra; People v. Sylvestry (1980) 112 Cal.App.3d Supp. 1, 6, 169 Cal.Rptr. 575.)

We emphasize that this appeal is based upon a limited record and undisputed facts that Adobe House is a residential facility within the meaning of section 2900.5, subdivision (a), and that appellant's stay there is attributable solely to this proceeding. (§ 2900.5, subd. (b).) Consequently, we express no view in this case concerning the legality or appropriateness of the condition, neither raised nor briefed in the lower court. However, the municipal court's factual finding that placement in Adobe House was custodial is supported by substantial evidence.

Respondent asserts that Vehicle Code sections 23202 and 23206...

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32 practice notes
  • Tan v. Superior Court of San Mateo Cnty., A163715
    • United States
    • California Court of Appeals
    • March 10, 2022
    ...for diversion "[i]n any case in which a person is charged with a violation of Section 23152 or 23153"]; People v. Darnell (1990) 224 Cal.App.3d 806, 810, 274 Cal.Rptr. 110 ["The unambiguous intent" of Veh. Code, § 23640 ’s predecessor statutes "is to prohibit pre- or postconviction stays or......
  • Moore v. Superior Court of Riverside Cnty., E074429
    • United States
    • California Court of Appeals
    • December 11, 2020
    ...statutorily imposed minimum fine.’ " ( VanVleck, supra , 2 Cal.App.5th at p. 361, 205 Cal.Rptr.3d 839, quoting People v. Darnell (1990) 224 Cal.App.3d 806, 810, 274 Cal.Rptr. 110 ; see People v Duncan, supra , 216 Cal.App.3d at p. 1628, 265 Cal.Rptr. 612 ; Weatherill, supra , 215 Cal.App.3d......
  • Moore v. Superior Court of Riverside Cnty., E074429
    • United States
    • California Court of Appeals
    • December 11, 2020
    ...statutorily imposed minimum fine.’ " ( VanVleck, supra , 2 Cal.App.5th at p. 361, 205 Cal.Rptr.3d 839, quoting People v. Darnell (1990) 224 Cal.App.3d 806, 810, 274 Cal.Rptr. 110 ; see People v Duncan, supra , 216 Cal.App.3d at p. 1628, 265 Cal.Rptr. 612 ; Weatherill, supra , 215 Cal.App.3d......
  • Moore v. Superior Court of Riverside Cnty., E074429
    • United States
    • California Court of Appeals
    • December 11, 2020
    ...statutorily imposed minimum fine.’ " ( VanVleck, supra , 2 Cal.App.5th at p. 361, 205 Cal.Rptr.3d 839, quoting People v. Darnell (1990) 224 Cal.App.3d 806, 810, 274 Cal.Rptr. 110 ; see People v Duncan, supra , 216 Cal.App.3d at p. 1628, 265 Cal.Rptr. 612 ; Weatherill, supra , 215 Cal.App.3d......
  • Request a trial to view additional results
33 cases
  • Tan v. Superior Court of San Mateo Cnty., A163715
    • United States
    • California Court of Appeals
    • March 10, 2022
    ...for diversion "[i]n any case in which a person is charged with a violation of Section 23152 or 23153"]; People v. Darnell (1990) 224 Cal.App.3d 806, 810, 274 Cal.Rptr. 110 ["The unambiguous intent" of Veh. Code, § 23640 ’s predecessor statutes "is to prohibit pre- or postconviction stays or......
  • People v. Superior Court of Riverside Cnty., E077594
    • United States
    • California Court of Appeals
    • July 28, 2022
    ...40 years ago, was "to prohibit pre- or postconviction stays or suspensions of proceedings" in DUI cases. ( People v. Darnell (1990) 224 Cal.App.3d 806, 810, 274 Cal.Rptr. 110.) "The public 81 Cal.App.5th 861 wanted and AB 541 provided ‘[c]elerity and certainty of punishment’ " for DUI offen......
  • Moore v. Superior Court of Riverside Cnty., E074429
    • United States
    • California Court of Appeals
    • December 11, 2020
    ...statutorily imposed minimum fine.’ " ( VanVleck, supra , 2 Cal.App.5th at p. 361, 205 Cal.Rptr.3d 839, quoting People v. Darnell (1990) 224 Cal.App.3d 806, 810, 274 Cal.Rptr. 110 ; see People v Duncan, supra , 216 Cal.App.3d at p. 1628, 265 Cal.Rptr. 612 ; Weatherill, supra , 215 Cal.App.3d......
  • Moore v. Superior Court of Riverside Cnty., E074429
    • United States
    • California Court of Appeals
    • December 11, 2020
    ...statutorily imposed minimum fine.’ " ( VanVleck, supra , 2 Cal.App.5th at p. 361, 205 Cal.Rptr.3d 839, quoting People v. Darnell (1990) 224 Cal.App.3d 806, 810, 274 Cal.Rptr. 110 ; see People v Duncan, supra , 216 Cal.App.3d at p. 1628, 265 Cal.Rptr. 612 ; Weatherill, supra , 215 Cal.App.3d......
  • Request a trial to view additional results

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