PEOPLE v. MORRIS AL FOSTER
Filed 8/2/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MORRIS AL FOSTER, Defendant and Appellant. | H028837 (Santa Clara County Super. Ct. No. CC462952) |
At issue in this case is defendant's entitlement to credit against his prison sentence for time he spent in the county jail prior to sentencing. Based on contacts with parole authorities, the trial court ruled that defendant was not entitled to credit because his confinement was partly attributable to the revocation of his parole based in part on grounds independent of the conduct underlying the present charges. Defendant contends that the court erred by refusing to conduct a hearing into the factual basis for the parole revocation and certain procedural irregularities asserted by defendant in the parole proceedings. In explaining this refusal, the court opined that defendant had an adequate administrative remedy for the claimed defects in the revocation proceedings. In this the court was mistaken, because the regulations providing for administrative review of a parole revocation order had been repealed. On this basis we conclude that the court erred, and we remand for reconsideration of defendant's challenge to the denial of custody credits.
Background
Defendant was arrested on August 9, 2004, while on parole from state prison. On August 12, 2004, he was charged with transporting or furnishing a controlled substance in violation of Health and Safety Code section 11352, subdivision (a), with enhancements including prior convictions. On March 11, 2005, he pleaded guilty to this charge and admitted the priors with the understanding that he would receive a sentence of three years in prison. At the conclusion of this hearing the court announced that the matter was â€
