People v. Williams

Opinion

ROTH, P. J.

We accepted certification of this cause from the Superior Court of Los Angeles County to settle and secure uniformity of decision (Cal. Rules of Court, rules 62, 63) on the question of whether a person sentenced on a misdemeanor conviction is entitled under Penal Code section 2900.6 to receive credit for time served as a condition of probation when probation is thereafter revoked and he is sentenced to a jail term.

Appellant Fred L. Williams was on July 19, 1972, convicted of a violation of Penal Code section 192, subdivision 3(a)

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(manslaughter) in the South Gate Municipal Court. On August 16, 1972, he was sentenced, to serve 365 days in the county jail; sentence was suspended and appellant was placed on formal probation for three years on condition that he serve 180 days in the county jail.

[722]

Appellant served the 180 days and was released. On April 7, 1975, appellant was found to be in violation of probation and was sentenced to serve one year in the county jail and the court refused to allow credit for the 180 days previously served. The appellate department of the superior court affirmed the judgment.

Resolution of the issue stated rests in part upon the legislative histoiy of sections 2900.5 and 2900.6 of the Penal Code. In relevant part section 2900.6 provides: “In all misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, either without bail or because of his inability to post bail,

all days of custody of the defendant from the date of arrest to the date on which the serving of the sentence imposed commences shall be credited upon his sentence

. . . .” (Italics added.) The enactment of the statute for the obvious purpose of easing punishment on the misdemeanant and the underlined language above would, if section 2900.6 were construed without reference to any other statute, indicate that time served would be credited. However, section 2900.6 can be and has by some trial courts been read with section 2900.5 which applies to felony convictions and has identical language up to the phrase "... sentence imposed commences,” and then continues with