California Court of Appeal

Where defendant's conviction was invalidated, requiring him to be placed in the same position as if no trial had been had, defendant's time in prison custody must be treated as preconviction custody, and he is entitled, under equal protection, to conduct credits measured by the standards of Penal Code section 4019, as if he had spent the prison time in local custody; the CDC is best situated to determine the conduct credits earned pursuant to these standards for the prereversal time spent in prison.

Appellate Information

• Decided 04/19/2002
• Published 04/19/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• William M. Robinson, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Senior Assistant Attorney General, Stephen G. Herndon and Wanda Hill Rouzan, Supervising Deputy Attorneys General, for Plaintiff and Respondent.