People v. Shelp
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The Court of Appeal held that custody credits do not accrue with each Post Release Community Supervision (PRCS) flash incarceration or jail sanction, thereby shortening the PRCS three-year supervision period. The court stated that the very thought of custody credits whittling down a PRCS supervision period is counter-intuitive and counterproductive.
The court exercised its discretion to resolve the appeal, despite claims of mootness, rejecting defendant's claims that custody credits accrue with each PRCS flash incarceration and jail incarceration, and the custody credits automatically shorten the three-year PRCS supervision period. The court explained that PRCS was enacted to rehabilitate nonviolent felons at the local level, not to reward the felon with custody credits that can theoretically reduce the PRCS supervision period to zero. Furthermore, the word "supervision" in PCRS means just that. Because PRCS supervision is not a sentence, the supervision period is not shortened by custody credits. Finally, the court held that this appeal is consistent with People v. Espinoza (2014) 226 Cal.App.4th 635. The court affirmed the order revoking PRCS and ordering 180 days county jail, and order denying motion to terminate PRCS supervision.
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