California, United States of America
The following excerpt is from People v. Creech, C083662 (Cal. App. 2018):
9. The probation report states defendant committed no "major write ups" while in custody. Section 4019, subdivisions (b) and (c) state conduct credits shall be awarded "unless it appears by the record" that an inmate refused labor or misbehaved. The record here does not show any reason to deny conduct credits. If the Attorney General believes the issue was not fully considered by the probation officer or trial court because of the mistake about defendant's eligibility for conduct credits, and the issue justifies the expense to the taxpayer of another sentencing hearing (cf. People v. Alford, supra, 180 Cal.App.4th at p. 1473 ), the point may be raised in a timely rehearing petition containing a persuasive explanation for not raising this issue earlier.
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