People v. Darnell

Opinion

STONE (S. J.), P. J.

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. We affirm the judgment and remand for resentencing.

Facts

The engrossed settled statement and the limited record reveal chronologically that November 30, 1988 Thomas…