Is a defendant entitled to have his excess custody credits applied to his parole revocation fine but not his restitution fine?
California, United States of America
The following excerpt is from People v. Frazer, G051947 (Cal. App. 2016):
A defendant is entitled to sentencing under the version of the statute in effect at the time he committed his offense. (People v. Morris, supra, 242 Cal.App.4th at p. 102.) Here, by the time defendant committed his crime in 2014, excess custody credits could no longer be applied to restitution fines. We conclude defendant is entitled to have his excess custody credits applied to his parole revocation fine but not his restitution fine.
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