Can a defendant request additional presentence custody credit for his conviction for a charge of possession of an illegal substance abuse offence?

California, United States of America


The following excerpt is from People v. Sanchez, C084811 (Cal. App. 2019):

Defendant sent the trial court a letter pursuant to People v. Fares (1993) 16 Cal.App.4th 954, seeking four additional days of presentence custody credit. The minute order indicates the court granted defendant's request and specifically ordered the additional credits assigned to count two. Defendant contends this was error because count two was a misdemeanor sentence of 270 days, which defendant has already served. The People agree. We agree with the parties that the judgment must be modified and the abstract of judgment amended to assign the additional credits to the felony count of conviction, count one.

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