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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