What is the effect of section 2900.5 of the California Penal Code on a defendant's term of imprisonment?

California, United States of America


The following excerpt is from People v. Timothy C., B195534 (Cal. App. 4/1/2008), B195534 (Cal. App. 2008):

Penal Code section 2900.5, subdivision (a), provides, in part, "[i]n all felony and misdemeanor convictions . . . when the defendant has been in custody, including but not limited to, any time spent in [among other places] a jail, camp, . . . [or] juvenile detention facility . . . all days of custody . . . shall be credited upon his [] term of imprisonment . . . ." (Italics added.) By its terms, section 2900.5 applies to a "term of imprisonment." The statute does not apply here because appellant was never imprisoned after he was declared a ward of the court. "When statutory language is clear and unambiguous, there is no need for construction. The plain language of the statute controls." (People v. Johnson (2007) 150 Cal.App.4th 1467, 1481.)

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