People v. Mitchell

ORTEGA, J., Concurring and Dissenting.

I agree with the majority that Mitchell should receive Penal Code section 2933 prison credits from his January 29, 2003, formal exclusion from the California Rehabilitation Center (CRC) until his June 10, 2003, sentencing. (All further undesignated section references are to the Penal Code.) Thus, I concur with the holdings in sections A and B of the majority opinion. However, Mitchell should receive neither section 4019 nor section 2933 credits from his January 8, 2003, CRC arrival until his January 29, 2003, formal CRC exclusion. Therefore, I dissent…