In re Williams (2000)

In re DANIEL M. WILLIAMS on Habeas Corpus.

[Modification of Opinion (83 Cal.App.4th 936) on denial of petition for rehearing.]

THE COURT.- fn. *

It is ordered that the opinion filed on September 19, 2000, be modified as follows:

1. At page 12, line 23 [83 Cal. App. 4th 946, advance report, line 8], delete the word "sentence" and insert in lieu thereof the word "credit."

2. At page 13 [83 Cal. App. 4th 496, advance report], before the disposition paragraph, add the following paragraph:

Petitioner misconstrues People v. Montalvo (1982) 128 Cal. App. 3d 57, 64 [183 Cal. Rptr. 242], which he cites for the proposition that the trial court lacked jurisdiction to correct the erroneous award of credit. The "judicial error" referred to in Montalvo was an erroneous factual finding concerning the number of days of actual custody or the portion of those days attributable to a different offense. The error in the present case involves only an error of law resulting in an award of credit which the law does not authorize. Montalvo expressly recognized that a legal error in awarding credits unauthorized by law can be corrected. (Ibid., distinguishing People v. Macias (1979) 93 Cal. App. 3d 788; People v. Shabazz, supra, 175 Cal. App. 3d 468, 473-474.)

These modifications do not effect a change in the judgment.

The petition for rehearing is denied.

FN *. Before Vogel (C.S.), P.J., Epstein, J., Curry, J.