Is a defendant entitled to credit for time he spends in jail while serving time for an unrelated charge?

California, United States of America


The following excerpt is from People v. Velasquez, 156 Cal.App.3d 477, 202 Cal.Rptr. 786 (Cal. App. 1984):

In People v. Schaaf (1984) 150 Cal.App.3d 45, 197 Cal.Rptr. 458, we held that a defendant is entitled to credit for the time he spends in jail awaiting sentence even though he is, at the same time, serving a prison sentence on an unrelated charge. The only requirement for such credit is that the restraint on the unrelated crime "not precede the restraint caused by the pending case." (Id., at p. 47, 197 Cal.Rptr. 458.)

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