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PEOPLE v. GUTIERREZ

Docket No. A051889.

232 Cal.App.3d 1571 (1991)

284 Cal. Rptr. 211

THE PEOPLE, Plaintiff and Respondent, v. JOSE D. GUTIERREZ, Defendant and Appellant.

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

August 7, 1991.

Attorney(s) appearing for the Case

COUNSEL

James B. Laflin, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Mark S. Howell and Aileen Bunney, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KING, J.

In this case we hold that presentence conduct credits are to be given at the rate of six days' total credit for every four days spent in actual custody, not one and one-half days for each day spent in custody.

Jose D. Gutierrez appeals from a judgment of imprisonment for sale of cocaine (Health & Saf. Code, § 11352) and possession of cocaine for sale (Health & Saf. Code, § 11351). The court...

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