Does presentence credit under section 2900.5, subdivision (b) of the California Criminal Code apply to a defendant who is arrested for possession of a controlled substance for sale at the same time as he is in custody for an unrelated charge?

California, United States of America

The following excerpt is from People v. Holtman, C084939 (Cal. App. 2018):

Section 2900.5, subdivision (b) allows presentence credit to be given "only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted." In People v. Kunath (2012) 203 Cal.App.4th 906, 909 (Kunath), the defendant was arrested for possession of a controlled substance for sale and then "released on bond." He was arrested a short time later for an unrelated possession of a controlled substance and "confined pending trial." (Ibid.) The defendant pled guilty in both cases and was sentenced to concurrent prison terms during a single sentencing hearing. The court rejected the defendant's argument he should receive presentence custody credits in each case for the time he was in custody. (Ibid.)

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