IN RE MARTINEZ

No. B150882.

114 Cal.Rptr.2d 136 (2001)

94 Cal.App.4th 191

In re Pamela C. MARTINEZ, on Habeas Corpus.

Court of Appeals of California, Second District, Division Seven.

Review Granted February 20, 2002.


Attorney(s) appearing for the Case

Elizabeth A. Courtenay, under appointment by the Court of Appeal, for Petitioner.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Susan Duncan Lee, Supervising Attorney General, and Matthew D. Mandelbaum, Deputy Attorney General, for Respondent.


WOODS, J.

Pamela C. Martinez filed a petition for a writ of habeas corpus, claiming the court and California Department of Corrections (CDC) miscalculated her custody credits and has therefore held her beyond her proper release date. Martinez is correct. CDC's credits calculation failed to take into account the fact Martinez's original conviction had been reversed. Thus, the CDC miseharacterized the nature of 1,092 days Martinez spent in custody from the date of her...

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