People v. Lee CA2/5

DISCUSSION

The trial court was required to apply defendant’s excess custody credits to his $180 restitution fine at the October 10, 2013 sentencing hearing under the then-existing version of section 2900.5. The court imposed an unauthorized sentence for two reasons: (1) the amendment to section 2900.5 subdivision (a) striking “restitution fines” from the statute effective January 1, 2014, does not apply retroactively, and; (2) the court failed to calculate and allocate defendant’s custody credits at his sentencing hearing pursuant to section 2900.5 subdivision (d). Pursuant to section 2900.5, subdivision (a), when a defendant’s custody time exceeds the sentence, the excess custody time may be applied to fines. When defendant was sentenced in 2013, subdivision (a) of section 2900.5 stated in pertinent part: “In all felony and misdemeanor convictions . . . all days of custody of the defendant . . . shall be credited upon his or her term of imprisonment, or credited to any fine on a proportional basis, including, but not limited to, base fines and restitution fines, which may be imposed, at the rate of not less than thirty dollars ($30) per day . . . . [W]here the court has imposed…