P v. Obregon
This is an appeal after remand for a hearing on whether defendant Raymond Garduno Obregon is entitled to additional custody credit for time spent in residential treatment and for time spent in custody as a sentenced prisoner. In People v. Obregon (Jan. 12, 2012, C066722) [nonpub. opn.] (Obregon I), after defense appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), defendant filed a supplemental brief.[1] He contended, inter alia, that he was entitled to additional presentence custody credit, the same claims which were then pending a hearing in the trial court at the time the opinion in Obregon I was written. Because the record on appeal in Obregon I did not reflect that the trial court had determined whether defendant was entitled to custody credit for time spent in residential treatment, we remanded for a hearing on the issue. We also noted that defendant appeared to be correct in his assertion that he was entitled to additional credit for time spent in custody prior to resentencing.
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