People v. Rush CA4/2

DISCUSSION

Defendant argues that the trial court erred by denying his request for presentence

custody credit for the time he spent in a required residential treatment program and that

he was entitled to the credit under section 2900.5. Defendant also argues that the trial

court erred by stating the court had told defendant he would not be receiving any custody

credits for the time he spent in the treatment program when the record does not support

such a statement.

The People respond that the trial court properly denied defendant’s request for

additional custody credits for the time he spent in the treatment program because

Hacienda was not custodial. The People acknowledge that defendant did not knowingly

and intelligently waive his right to custody credits for the time he spent at Hacienda.

Section 2900.5, subdivision (a), provides: “In all felony . . . convictions . . . when

the defendant has been in custody, including, but not limited to, any time spent in a

jail, . . . rehabilitation facility, . . . or similar residential institution, all days of custody of

the defendant, including days served as a condition of probation in compliance with a

court order . . .…