Court Appeal
I am a Los Angeles County deputy district attorney. Last April I convicted a defendant of assault with intent to commit rape. A prior conviction was found to be true. He was sentenced to nine years in prison and given credit for the time he served awaiting trial of 195 days. He appealed the conviction. The only basis for appeal was that he really deserved 198 days of credit. He is correct.
I received the appellant’s opening brief. The state public defender represents the defendant.
I cannot believe the waste of time, money and energy for such an appeal. All that would be required is to call the court and have officials give the extra three days of credit.
Can the state public defender’s office really argue that it is underbudgeted when it takes on a formal appeal like this? I think not.
PAUL M. RUGNETTA
Deputy District Attorney
Norwalk
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