When a defendant is convicted of a charge of assault with intent to pervert the course of justice in a criminal case, is he entitled to full custody credit in the felony case?

California, United States of America


The following excerpt is from People v. Castro, H039283 (Cal. App. 2014):

On appeal defendant contends he should get the full 245 days of custody credit in the felony case for two reasons: the misdemeanor and felony sentences should be deemed concurrent, and he is entitled to dual credit even if the sentences are consecutive. He correctly acknowledges that review would be unavailable if it were his only issue on appeal. ( 1237.1; People v. Jacobs (2013) 220 Cal.App.4th 67, 71, fn. 2.) The Attorney General initially conceded this point, but has filed opposition after acknowledging the concession was a mistake at oral argument this court requested.

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