P. v. Deloza
Filed 6/30/06 P. v. Deloza CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JOSEPH DELOZA, Defendant and Appellant. | E038367 (Super. Ct. No. FWV030474) OPINION |
APPEAL from the Superior Court of San Bernardino County. Barry L. Plotkin, Judge. Affirmed in part, reversed in part with directions.
Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela A. Ratner Sobek, Supervising Deputy Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
Defendant Joseph Deloza (defendant) contends that the trial court improperly denied him custody credits to which he was statutorily entitled. The People answer that, while defendant may be correct, there are factual disputes in the case which need to be resolved in the trial court. We agree with the People and will remand for rehearing.
FACTS AND PROCEDURAL HISTORY
In a first amended information filed in the San Bernardino Superior Court on December 20, 2004, defendant was charged with one count of felony evasion of a police officer with wanton and willful disregard of the safety of others in violation of Vehicle Code section 2800.2, subdivision (a). The information alleged that appellant had two prior felony convictions and had not remained free of custody for five years after serving prison terms for these offenses. (§ 667.5, subd. (b).)
In a two-day bifurcated jury trial on May 17 and 18, 2005, defendant was convicted of the felony evasion and of the priors. At the sentencing hearing on June 15, 2005, the court imposed a total prison term of four years: the middle term of two years for the principal charge, plus two one-year enhancements for the prison priors.
At the time of the incident which gave rise to the evasion charge, defendant was on parole, for the fourth time, on felony drug and weapon possession offenses dating from 2000, 2002, and 2003. On May 27, 2004, defendant was arrested for a fifth parole violation on these earlier offenses and received a five-month sentence. He was to be â€
