People v. Galloway

California Court of Appeal Jun 27, 1980 No. Crim. 32982Published

Before: Files

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Holding. The court held that a defendant is entitled to presentence custody credit for time served while awaiting trial on a new offense when that conduct also serves as the basis for a probation revocation on an earlier offense, and that administrative procedures should be used to determine entitlement to behavior credits.

Issues

Whether a defendant is entitled to presentence custody credit for time served after an arrest for a new offense that also triggered a probation revocation on a prior offense.
Whether a defendant is entitled to work time/good time credit for presentence custody.

Disposition. Modified and affirmed

Quotations verified verbatim against the opinion

“The only way that purpose can be accomplished in this case is to credit the presentence time against the sentence for the 1976 offense.”

“The judgment is modified to provide that defendant is given credit for 422 days of actual custody prior to sentence.”

“The Department of Corrections should make available to such prisoners an administrative procedure by which to ascertain their entitlement to conduct credit.”

Opinion

FILES, P. J.

This is an appeal from a state prison sentence imposed May 9, 1978, in case A 320004 for lewd conduct in violation of Penal Code section 288. The issues involve only the amount of credit to which defendant was entitled by reason of his prior confinement attributable to this offense.

On May 10, 1976, following defendant’s plea of guilty to this offense, he was placed on probation for five years upon the condition, among others, that he serve eight months in the county jail. Since he had already been in custody 267 days he was credited with time served pursuant to Penal Code section 2900.5 and released.

On December 11, 1977, he was arrested in connection with new offenses, for which an information was filed under No. A 613148. The probation in A 320004 was preliminarily revoked. He was eventually convicted in case No. A 613148, of discharging a firearm at an inhabited dwelling (Pen. Code, § 246).

On May 9, 1978, probation in No. A 320004 was formally revoked and he was sentenced to state prison. Pursuant to section 2900.5,

he was credited with 9 months for time served prior to the order granting probation, but he was not given credit on this sentence for the 155 days he had spent in custody after his December 11, 1977, arrest on the new charges. In A 613148 he was sentenced to 1 year in the county jail for having violated Penal Code section 246 and given credit for the 155 days served prior to sentencing. The two sentences were ordered to be served concurrently in state prison.

[712]

He has appealed in A 320004 contending (1) that the trial court failed to include the 155 days in the credit allowed under section 2900.5, and (2) he is also entitled to work time/good time credit of 140 days on his prison term for the 422 days he spent in presentence custody.

Time in custody after arrest for new offense.

The record establishes that the defendant’s conduct which brought about his arrest for the firearm offense also constituted a violation of the probation granted for the earlier offense, and was relied upon as a reason for revoking that probation. Thus defendant’s incarceration on and after December 11, 1977, had some connection with both offenses.

People v. Galloway

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FILES, P. J.

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