People v. Williams

On appeal from a judgment of conviction and sentence of nine years’ imprisonment, Melton Jake Williams II contends the trial court erred in denying presentence credit for time served. The Attorney General concedes appellant is entitled to the amount of credit which he seeks. In the published part of this opinion, we agree with the parties, and hold that presentence custody cannot be attributed to “mixed conduct” (In re Nickles (1991) 231 Cal.App.3d 415, 419 [ 282 Cal.Rptr. 411 ] [shifting to defendant the burden of proving entitlement to presentence custody credit therefor under Penal Code section 2900.5 ]) solely because the People dismiss some of the counts of a multiple count information that charges defendant in separately stated offenses for the criminal conduct which generated his presentence custody. In such instances, presentence custody for offenses described in the dismissed counts remains wholly attributable to the legal proceedings related to the same conduct described in the remaining count on which he was convicted.

I. Procedural History

On May 29, 1991, prior to commission of the crimes charged in the case at bench, appellant was arrested for burglary. He…