People v. Ojeda CA2/7

DISCUSSION

Presentence custody credit is generally authorized by section 2900.5, subdivision (a), which provides, “In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail . . . , all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, credited to the period of confinement pursuant to Section 4019, . . . shall be credited upon his or her term of imprisonment . . . .” Section 2900.5, subdivision (b), however, limits the circumstances

We omit a statement of facts because they are not relevant to Ojeda’s sentencing claim. Statutory references are to this code.

2 in which presentence custody credit may be awarded: “For purposes of this section, credit shall be given only where the custody to be credited is attributable to proceedings related to the same conduct for which the defendant has been convicted. Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed.” In his opening brief Ojeda argued there was…