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

California, United States of America


The following excerpt is from People v. Tufono, F069908 (Cal. App. 2016):

Pursuant to section 2900.5, subdivision (b), defendant is entitled to the presentence custody credits at issue "'only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted ....'" (People v. Bruner (1995) 9 Cal.4th 1178, 1180.) "[W]here a period of presentence custody stems from multiple, unrelated incidents of misconduct, such custody may not be credited against a subsequent formal term of incarceration if the prisoner has not shown that the conduct which underlies the term to be credited was also a 'but for' cause of the earlier restraint. Accordingly, when one seeks credit upon a criminal sentence for presentence time already served and credited on a parole or probation revocation term, he cannot prevail simply by demonstrating that the misconduct which led to his conviction and sentence was 'a' basis for the revocation matter as well." (Id. at pp. 1193-1194.)

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