By Tiffany Devlin
SACRAMENTO – In the end, it was a math problem that stumped the court here Monday.
Confusion arose in Sacramento County Superior Court after private defense attorney James Clark Head claimed that defendant Devonte Davis had nearly two years of time served credit in a different case, after Deputy District Attorney Jenna Saavedra wanted Davis to serve 90 days in custody.
Saavedra offered to require defendant Davis to serve 90 days in custody and to delete him from the Batterer’s Treatment Program (BTP). When Davis exclaimed that he had orientation for BTP this month, Judge Timothy M. Frawley said that this was a fourth fail.
In response, Clark Head requested that the time Davis spent in custody for a separate case would be credited toward his current sentence of 90 days.
In Davis’ separate case, he was charged with resisting an executive officer, along with assault by means likely to produce great bodily injury.
“He spent about 30 days or so more than he needed to spend on that case, he entered pleas on that case, he had a prison sentence, was deemed time-served, and I would just ask that the time that he spent in custody be credited towards this. He was in custody for a year,” said Clark Head.
Clark Head stated that Davis was in custody from October 23 of last year to October 23 of this year. Before that, he was reinstated to BTP and then revoked for failure to provide proof.
“Since he’s been out, I’ve spoken with his probation officer, Mr. Stevens, and Mr. Stevens told me and Mr. Davis that he had 30 days from September 16 to enroll in BTP. Mr. Davis was just 
released from custody on September 2, and like I said, he’s been in custody for about a year from 2019,” said the defense counsel.
“Well he’s been out for two months,” Judge Frawley said, “what’s been done?”
While Clark Head attempted to determine if Davis had completed any BTP classes since his release, Saavedra reiterated her request to delete Davis from BTP. Davis was heard mumbling “please… please…” in response to her request.
Clark Head stated that the clerk might not have included the separate case in their calculations after Saavedra thought that the clerk calculated the time-served amount in front of Judge Scott L. Tedmon, the previous judge.
“He was in custody (on the separate case), was arraigned back in June, then he was out on bail. He was in custody for about a month and then he bailed out, then he failed to appear and they picked him up on October 23,” Clark Head explained.
“Then he returned and referred to Penal Code 1368 and then we finally entered the plea in September of this year,” Clark Head continued, “If that time in custody would be credited to this, then he’s got like a year, or two years actually, credit for the case.”
A case is referred to Penal Code § 1368 when a doubt is raised in the mind of the judge regarding the mental competency of the defendant.
While Clark Head concluded that Davis had more than enough time to complete the two years and was deemed to have time served, Saavedra attempted to reason with him.
“I’m not entirely following,” said Saavedra, “you did bring this up in front of Judge Tedmon, and I recall the clerks having some additional information that I don’t recall now off the top of my head.
“But what I will say is his probation on the misdemeanor case, the reason it’s a delete offer is because his probation is gonna expire in August, so he cannot complete the 52-week class, which is why the People are seeking to delete him,” Saavedra said.
Clark Head confirmed his position after Judge Frawley asked if he is arguing that Davis accumulated time on another case that could have been run concurrent with the 90 days offer.
Judge Frawley and Saavedra both suggested that the separate case be brought up, and the time credits be clarified.
The math was finished, and the matter was continued to Nov. 9, adding the case in question on the court calendar.
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