Can a defendant who pleaded guilty to a charge of assault and possession of a dangerous substance while still serving time served serve time served under a plea bargain?

However, the court decided instead to enforce the plea agreement, citing Handsome, supra, 72 Cal.App.3d 657. In Handsome, two petitioners entered plea bargains which called for probation and one year in county jail. They each subsequently filed a request seeking pretrial custody credits. (Id. at p. 660.) The court concluded that both petitioners "obtained the benefit of the plea bargainspleading to less than was charged or alleged and no prisonand cannot demand credit for time served while retaining the other benefits of the plea bargain." (Ibid.) In the instant case, the court stated that, under the circumstances of this case where there was an agreement to reach a specified prison term, it would not be fair to allow defendant to receive a benefit from a subsequent change in law, while also getting the benefit of the lesser punishment from the agreement. The court essentially decided on specific performance of the plea agreement, thus giving "both sides the benefit of the bargain." (People v. Enlow (1998) 64 Cal.App.4th 850, 854.)