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PEOPLE v. ACOSTA

Docket No. A027088.

170 Cal.App.3d 1033 (1985)

216 Cal. Rptr. 841

THE PEOPLE, Plaintiff and Appellant, v. SAMUEL ACOSTA, Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

August 5, 1985.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Ronald E. Niver and J. Patrick Collins, Deputy Attorneys General, for Plaintiff and Appellant.

Sheldon Portman, Public Defender, and Michael A. Kresser, Deputy Public Defender, for Defendant and Respondent.

OPINION

KING, J.

In this case we hold that a defendant resentenced to prison under Welfare and Institutions Code section 1737 after a commitment to the Youth Authority is not entitled to conduct credit for time spent in Youth Authority facilities. The People appeal from an order granting Samuel Acosta such conduct credit. We reverse as to the granting of that credit.

On October 16, 1980, Acosta pleaded guilty to assault with...

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