People v. Gibbs

Opinion

WORK, J.

Alphonso Bennett Gibbs appeals a judgment convicting him of selling cocaine (Health & Saf. Code, § 11352). (1) The dispositive issue on appeal is whether the court erred in denying Gibbs custody credits for the 88 days 1 he was committed for sentencing evaluation to the California Department of Corrections diagnostic facility. We conclude Gibbs is entitled to such credits against this prison sentence under the mandatory provisions of Penal Code 2 section 1203.03, subdivision (g), even though he simultaneously earned equivalent credits against a previously imposed sentence in an…