PAYTON v. SUPERIOR COURT

No. G045445.

202 Cal.App.4th 1187 (2011)

136 Cal. Rptr. 3d 129

STEPHEN PAYTON, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

As modified January 20, 2012.


Attorney(s) appearing for the Case

Deborah A. Kwast , Public Defender, Denise Gragg , Assistant Public Defender, and Matthew Missakian , Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Meredith S. White , Deputy Attorney General; Tony Rackauckas , District Attorney, and Brian Fitzpatrick , Deputy District Attorney, for Real Party in Interest.


OPINION

THE COURT.*

Stephen Payton petitions this court for an increased award of custody credits which would have reduced his 90-day jail sentence to 46 days and allowed for a release date of June 22, 2011, instead of his actual release date of July 7, 2011.1 Payton pleaded guilty to a Health and Safety Code violation in May...

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