Is a defendant entitled to credit for his time in custody under section 2900.5 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Rudd, F068434 (Cal. App. 2015):

Defendant also complains about the court's calculation of custody credits, and contends he should receive more credits because he has continuously been in custody since 1989. "[S]ection 2900.5 provides that a convicted person shall receive credit against his sentence for all days spent in custody, including presentence custody [citation], but 'only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted' [citation]. The statute's application is clear when the conduct that led to the conviction and sentence was the sole cause of the custody to be credited." (People v. Bruner (1995) 9 Cal.4th 1178, 1180,

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