What is the actual custody credit for a defendant who has been sentenced for a violent crime?

California, United States of America


The following excerpt is from People v. Armitage, C085430 (Cal. App. 2019):

"A defendant is entitled to actual custody credit for 'all days of custody' in county jail . . . including partial days. [Citations.] Calculation of custody credit begins on the day of arrest and continues through the day of sentencing." (People v. Rajanayagam (2012) 211 Cal.App.4th 42, 48 [quoting 2900.5, subd. (a)]; see also In re Marquez (2003) 30 Cal.4th 14, 25 [calculating credits includes the day of sentencing].) We conclude defendant is entitled to 688 days of actual time in custody.

Because defendant was convicted of robbery and burglary, "violent felonies" under section 667.5, his custody credits "shall not exceed 15 percent of the actual period of confinement." ( 2933.1, subd. (c).) Fifteen percent of his 688 actual days is 103.2, which rounds down to 103 days. (People v. Ramos (1996) 50 Cal.App.4th 810, 816

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