People v. Engquist

Opinion

CARR, J.

A jury convicted defendant of possession of cocaine for sale. (Health & Saf. Code, § 11351.) Imposition of sentence was suspended and defendant was placed on probation for three years with the condition he serve one year in the county jail. On appeal, defendant contends: 1) he was denied presentence custody credits; and 2) the court erred under rule 433(b) 1 in failing to make factual findings which would justify imposition of the upper or lower term should probation be revoked.

With respect to custody credits the record discloses that defendant was in the county jail from May…