P. v. Alvarado
Pursuant to a plea agreement, appellant Gabriel Hernandez Alvarado pled guilty to second degree robbery (Pen. Code, 211, 212.5, subd. (c))[1]and admitted an enhancement allegation that in committing that offense he personally used a firearm ( 12022.53, subd. (b)). The court imposed a prison term of 12 years, consisting of two years on the substantive offense and 10 years on the enhancement, and awarded appellant 132 days of presentence credits pursuant to section 2933.1, subdivision (c) (section 2933.1(c)). On appeal, appellant argues that (1) the trial courts award of presentence custody conduct credits calculated pursuant to section 2933.1(c), which limits such credits to 15 percent of actual time in custody, rather than section 4019, which contains a more generous credits provision, violated the plea agreement, and (2) the courts failure to advise appellant prior to his plea that credits would be calculated pursuant to section 2933.1(c) rendered appellants plea involuntary, in violation of appellants right to due process of law under the United States Constitution. Court affirm.
Comments on P. v. Alvarado