People v. Silva

Opinion

SIMS, Acting P. J.

In this case we hold that defendant Joseph Michael Silva, who was sentenced to state prison following revocation of probation, is not entitled to presentence conduct credit for time he spent in home detention on a county electronic monitoring program. (Pen. Code, §§ 1203.016, 4019; undesignated statutory references are to the Penal Code.) The trial court properly rejected an opinion of the Attorney General that had held to the contrary. (85 Ops.Cal.Atty.Gen. 106, 114 (2002).)

In July 1999, defendant pled guilty to false personation and second degree burglary. (§§ 459,…