People v. Hense CA3

I. DISCUSSION

Citing section 2900.5, defendant contends that he is entitled to custody credits for the time he spent in the Jericho Project. That section provides, in pertinent part: “In all felony and misdemeanor convictions, . . . when the defendant has been in custody, including . . . any time spent in a . . . rehabilitation facility . . . or similar residential institution, all days of custody of the defendant . . . shall be credited upon his . . . term of imprisonment.” (§ 2900.5, subd. (a); see People v. Jeffrey (2004) 33 Cal.4th 312, 318 [the provisions of section 2900.5—entitling a defendant to credits against a term of imprisonment for days spent in custody before sentencing as well as those served after sentencing as a condition of probation—apply to custodial time in a residential treatment facility].) “A sentence that fails to award legally mandated custody credit is unauthorized.” (People v. Taylor (2004) 119 Cal.App.4th 628, 647.) “A Johnson[2] waiver is a waiver of a statutory right to credit for time served against a subsequent county jail or state prison sentence pursuant to section 2900.5.” (People v. Arnold (2004) 33 Cal.4th 294, 307, fn. added.) A Johnson…