Is a defendant entitled to defendant's credits against his sentence if he obtained a certificate of probable cause?

California, United States of America


The following excerpt is from People v. Hopkins, B246160 (Cal. App. 2013):

With respect to defendant's credits argument (issue No. 1), which we address regardless of whether defendant obtained the certificate of probable cause, section 2900.5 provides that a person sentenced to state prison for criminal conduct is entitled to credit against the term of imprisonment for all days spent in custody before sentencing. ( 2900.5, subd. (a).) In addition, section 4019 provides that a criminal defendant may earn additional presentence credit against his or her sentence for willingness to perform assigned labor ( 4019, subd. (b)) and compliance with rules and regulations ( 4019, subd. (c)). These forms of presentence credit are collectively called "'conduct credit.'" (People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.)

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