People v. Acosta

Opinion

KING, J.

In this case we hold that a defendant resentenced to prison under Welfare and Institutions Code section 1737 after a commitment to the Youth Authority is not entitled to conduct credit for time spent in Youth Authority facilities. The People appeal from an order granting Samuel Acosta such conduct credit. We reverse as to the granting of that credit.

On October 16, 1980, Acosta pleaded guilty to assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and admitted a great bodily injury allegation (Pen. Code, § 12022.7). The offense occurred on November 18, 1979, when Acosta…