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PEOPLE v. GIBBS

Docket No. D010554.

228 Cal.App.3d 420 (1991)

278 Cal. Rptr. 338

THE PEOPLE, Plaintiff and Respondent, v. ALPHONSO BENNETT GIBBS, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

February 25, 1991.

Attorney(s) appearing for the Case

COUNSEL

John A. Howell, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Lilia E. Garcia and David F. Taglienti, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WORK, J.

Alphonso Bennett Gibbs appeals a judgment convicting him of selling cocaine (Health & Saf. Code, § 11352). (1) The dispositive issue on appeal is whether the court erred in denying Gibbs custody credits for the 88 days1 he was committed for sentencing evaluation to the California Department of Corrections diagnostic facility. We conclude Gibbs is entitled to such...

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