Schaaf

Statement of the Case

This case presents the recurring troublesome question of whether a defendant is entitled to presentence custody credit for the time spent in jail awaiting sentence in a particular case while, at the same time, the defendant was serving a sentence on an unrelated offense. We conclude that under In re Atiles (1983) 33 Cal.3d 805 [ 191 Cal.Rptr. 452 , 662 P.2d 910 ] a defendant is entitled to credit for the entire time he spends in jail awaiting sentence if the restraint on the unrelated crime does not precede the restraint caused by the pending case. We reverse and remand with directions to award such credits to appellant.

Appellant was arrested on September 7, 1982, for the murder of Adam Ballesteros. After a preliminary hearing, appellant was charged by information in the superior court with the murder of Ballesteros as well as an attempted murder of Tomas Hernandez. Both counts charged the use of a firearm. On November 9, appellant pleaded not guilty, the public defender was appointed to represent appellant, and trial was set for January 10, 1983. Bail was fixed at $150,000.

On January 7, 1983, appellant pleaded guilty to voluntary manslaughter…