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Conduct Credits Applicable for Time Spent in State Hospital

People v. Yang Docket: A162703 (First Appellate District), Opinion Date: April 29, 2022. Yang was charged after he struck his father in the head with a flashlight and kicked a juvenile down the stairs. On April 9, 2018, the trial court suspended proceedings, finding Yang incompetent to stand trial, and committed him to the Department of State Hospitals. On August 7, 2019, the state hospital’s medical director certified that Yang was competent to stand trial; he was returned to the county jail. The court reinstated criminal proceedings. Yang pled no contest to assault by means of force likely to produce great bodily injury. The court imposed a four-year sentence, suspended its execution, and placed Yang on probation. After six petitions for revocation of probation, the court executed the previously-imposed sentence. The probation department recommended he receive only actual time credit and no conduct credit for the time he spent receiving competency treatment in Napa State Hospital.

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