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PEOPLE v. SILVA

No. C042576.

7 Cal.Rptr.3d 473 (2004)

114 Cal.App.4th 122

The PEOPLE, Plaintiff and Respondent, v. Joseph Michael SILVA, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied March 17, 2004.

Attorney(s) appearing for the Case

Linda J. Zachritz, Fresno, under appointment by the Court of Appeal, for Defendant and Appellant.

Bradford R. Fenocchio, District Attorney, Thomas H. Beattie and Peggy C. Turner, Deputy District Attorneys, for Plaintiff and Respondent.

SIMS, Acting P.J.

In this case we hold that defendant Joseph Michael Silva, who was sentenced to state prison following revocation of probation, is not entitled to presentence conduct credit for time he spent in home detention on a county electronic monitoring program. (Pen.Code, §§ 1203.016, 4019; undesignated statutory references are to the Penal Code.) The trial court properly rejected an opinion of the Attorney General that had held to the contrary...

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