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PEOPLE v. WILLS

Docket No. C015366.

22 Cal.App.4th 1810 (1994)

27 Cal. Rptr.2d 925

THE PEOPLE, Plaintiff and Respondent, v. KENNETH MARTIN WILLS, Defendant and Appellant.

Court of Appeals of California, Third District.

March 4, 1994.

Attorney(s) appearing for the Case

COUNSEL

Stewart Katz, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Edgar A. Kerry and Edmund D. McMurray, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

NICHOLSON, J.

May a probationer receive conduct and work credit (Pen. Code, § 4019) for time served in a work release program (Pen. Code, § 4024.2) while committed to county jail as a condition of probation?1 We conclude the probationer may not receive conduct and work credit for time served in a work release program because the time is not served "in actual custody." (§ 4019, subd...

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