California, United States of America
The following excerpt is from People v. Cornett, 165 Cal.App.3d 752, 212 Cal.Rptr. 24 (Cal. App. 1985):
Our holding demonstrates the fallacy in plaintiff's further contention that defendant is not entitled to the presentence credit because he had completed his sentence on the drunk driving conviction before he was sentenced on the manslaughter and robbery convictions. Once the hold was placed on defendant on September 7, 1983, his continued incarceration was at least partially attributable to the manslaughter and robbery charges on which he was subsequently sentenced. When defendant completed his sentence on the drunk driving charge as of December 22, 1983, his continued incarceration until January 17, 1984 (the date he was sentenced to state prison on the pending manslaughter and robbery charges), was attributable solely to these pending charges. Our holding herein is, therefore, consistent with the opinion of this court in People v. Veley (1984) 157 Cal.App.3d 1046, 204 Cal.Rptr. 83. There, in October 1980, the defendant had pled guilty to possession of phencyclidine (PCP) for sale. He was granted three years probation, one condition being that he serve six months in the county jail. After completing that local sentence, he was arrested twice in June 1982 for being under the influence of PCP. He received a jail sentence of one hundred twenty days on these new misdemeanors and completed that sentence in November 1982. In December 1982, the trial court revoked the defendant's probation in the principal action after taking judicial notice of the two misdemeanor convictions. The defendant was thereupon sentenced to state prison for the middle base term of four years.
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