People v. McCoyAnnotate this Case
Defendant appealed from a Proposition 47 order resentencing him to one year county jail with credit for time served, and the imposition of supervised parole for one year. The trial court awarded 381 actual days and 380 days conduct credit but denied defendant's request to deduct the presentence custody credits from the supervised parole term. The trial court further ruled that the excess custody credits did not satisfy an outstanding $50 drug program fee and $200 restitution fine. The court held that Proposition 47 provides that the trial court may, in the exercise of its sound discretion, order one-year supervised parole. However, the act does not mention, let alone require excess credits to reduce the one year misdemeanor parole term. The court further concluded that defendant's excess custody credits equivalent to $30 a day, do however satisfy the $50 drug program fee.