Reinertson

Defendant was convicted of lewd conduct with children and was placed on probation with a condition of home detention. Thereafter his probation was revoked and his suspended state prison sentence was ordered into effect. Defendant tenders two issues in the published portion of this case: whether the home detention order was valid and whether he is entitled to credit for the time he spent in home detention while on probation. We first conclude that, under the circumstances of this case, the home detention order was valid. We next hold that defendant is not entitled to credit because the conditions of home detention were not sufficiently restrictive to constitute custody within the meaning of Penal Code section 2900.5.

Pursuant to a plea bargain defendant Christopher Reinertson pled guilty to two counts of committing lewd and lascivious acts upon children under the ages of fourteen years, in violation of Penal Code section 288, subdivision (a). Defendant was temporarily placed in a diagnostic facility of the Department of Corrections pursuant to Penal Code section 1203.03. Upon his return to court defendant was sentenced to the upper term of eight years on one count, and to…