P. v. Culp

Filed 6/23/06 P. v. Culp CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Tehama)

Defendant Christina Michelle Culp entered a plea of guilty to three counts of check forgery (Pen. Code, § 470; undesignated section references are to this code) and the remaining three counts charging the same were dismissed. The court imposed a three year four month prison sentence, suspended execution and granted probation for a term of three years.

After the third violation of probation and new convictions for possession of methamphetamine and attempting to file a forged instrument, the court sentenced defendant to the previously imposed term. The court denied defendant's request for additional custody credits for home detention.

Defendant appeals, contending the trial court erred in denying credit for time spent on home detention from October 7, 2004 through February 13, 2005. We disagree and will affirm the judgment.

FACTS

Defendant forged three checks belonging to her mother and stepfather and three checks belonging to her grandmother and cashed all but one at Raley's in amounts ranging from $100 to $200. Defendant made the sixth check payable to P.G.& E. in the amount of $80.71.

Defendant's performance on probation was less than satisfactory. She violated probation in that she possessed methamphetamine and drug paraphernalia and tested positive for methamphetamine and THC. The court suspended execution of sentence with 30 days in jail without credit for time served and ordered defendant to participate in drug treatment.

Defendant again violated probation by testing positive for methamphetamine. Defendant remained on probation subject to an additional 30 days in jail.

Defendant violated probation a third time by possessing methamphetamine. Probation was revoked and she pleaded guilty to the underlying offense in case No. NCR61559. The trial court denied defendant's request to be released on her own recognizance (O.R.) but granted defendant's request for a continuance. The court granted defendant's subsequent requests for continuances sought on the basis of her health.

Newly retained counsel filed a motion to withdraw defendant's admission to the probation violation and plea to the offense asserting defendant found a witness who claimed possession of the methamphetamine. The court granted defendant's subsequent request for a continuance sought on the basis of her hospitalization, but the court issued a bench warrant on her subsequent request and ordered defendant held without bail. When defendant appeared at the next hearing, she sought to retain new counsel. The court denied her request. The court treated her statement as a Marsden motion and conducted a hearing. Thereafter, the court remanded defendant to custody for the violation of probation without bail. Defendant then retained new counsel and her request for a continuance was granted.

While in county jail, defendant required â€