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People v. Rodriguez4/2/1981
probation. In the instant case, the trial court stated 12 specific reasons for denying probation. The 11th stated reason was that defendant did not appear remorseful of the commission of the offense as revealed by his letter to his wife and its implications.
But the other stated reasons included the following matters: the danger to other persons if he were not imprisoned; the nature and seriousness of the crime, including the savagery of the attack and the gruesomeness of the killing; the vulnerability of the victim to savagery of the attack in that the victim was small, young, and apparently of slow movement as a result of intoxication; the fact that defendant was armed with a skinning knife, a deadly weapon; the victim was bare
handed; the fact that after disabling the victim by slashing the victim's face, defendant inflicted multiple stab wounds to the victim's body, resulting in death by exsanguination; the crime was committed without sufficient provocation, indicating likely recurrence; the manner of commission of the crime indicated sophistication and professionalism by defendant in a knife fight; the prior record of defendant included recent and frequent crimes, indicating regular and increasingly serious conduct; defendant was on probation at the time of commission of the offense; and there was danger in defendant's use of alcohol.
We conclude that even if the trial court had paid no attention to the letter and had found that defendant was remorseful the other stated grounds for denial of probation amply supported the decision to deny probation to defendant. It is manifest on the record before us that the trial court did not abuse its discretion in denying probation.
IV
Sentence Credits
As previously indicated, defendant also urges that he is entitled to work time credit for time spent in presentence custody. We need not deal with this issue as defendant should be able to obtain any relief to which he is entitled through the administrative procedure provided by the Department of Corrections. (See People v. Sage (1980) 26 Cal. 3d 498 [165 Cal. Rptr. 280, 611 P.2d 874].)
The judgment is affirmed.
Disposition
The judgment is affirmed.
Judges Footnotes
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