California, United States of America
The following excerpt is from People v. Labrecque, B192812 (Cal. App. 6/25/2007), B192812 (Cal. App. 2007):
First, defendant did not receive a proper presentence credit award. Penal Code section 2900.5 states: "(a) In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, . . . all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, and including days credited to the period of confinement pursuant to Section 4019, shall be credited upon his or her term of imprisonment, . . . [] (b) For the purposes of this section, credit shall 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. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed. [] (c) For the purposes of this section, `term of imprisonment' includes any period of imprisonment imposed as a condition of probation . . . []. . . The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213." The failure to award the proper amount of credit is a jurisdictional error which may be raised at any time. (People v. Scott (1994) 9 Cal.4th 331, 354; People v. Karaman (1992) 4 Cal.4th 335, 345-346, fn. 11, 349, fn. 15.)
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