People v. Penner

Opinion

ASHBY, J.

This is a People's appeal (Pen. Code, § 1238, subds. (a (5), (6); People v. Minjarez (1980) 102 Cal.App.3d 309, 312 [162 Cal.Rptr. 292]) from an order granting credits on defendant’s prison sentence pursuant to Penal Code sections 2900.5 and 4019.

In the instant case (No. A141450) defendant was charged in three counts with kidnaping, robbery and assault with intent to commit rape. Counts I and II involved the kidnaping and robbery of Jayme A. on May 14, 1978. Count III involved assault with intent to commit rape on Julie T. on October 25, 1978. Pursuant to a plea bargain…