Kading

*1503 Opinion

In this case, we again address a central issue of modern criminal jurisprudence: a defendant’s entitlement to presentence custody credits under Penal Code section 2900.5

Among other things, we discuss the characterization of a defendant’s custodial time when execution of a state prison sentence is suspended and defendant is ordered held in county jail while he is examined by physicians to determine whether he is addicted to, or in imminent danger of becoming addicted to, narcotics under Welfare and Institutions Code section 3051. (All references to section 3051 are to this statute.)

Procedural History

On December 18, 1986, defendant was sentenced to six months in county jail on unrelated misdemeanor cases. At all times discussed below, defendant was serving his misdemeanor sentence.

On January 20, 1987, in this case, he pled guilty to issuing a check without sufficient funds (§ 476a) and upon the advice of counsel requested that his own recognizance (O.R.) release in this case be revoked so he could purportedly begin receiving presentence custody credit. (See People v. Ford (1980) 113 Cal.App.3d 429, 432 [ 170 Cal.Rptr. 216 ].) In response the trial court…