Does a defendant have to complete his sentence on a drunk driving conviction before he is sentenced on manslaughter and robbery charges?

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.

Other Questions


Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Does a defendant have to serve the determinate sentences on counts 2 (robbery) and 3 (kidnaping) pending completion of his life sentence for murder? (California, United States of America)
Can a defendant be charged with or convicted of involuntary manslaughter under section 192, subd. (b) of the involuntary manslaughter statute? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the test for a jury to convict a defendant of murder on the information charged in counts 3 and 10 of the charge of manslaughter? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.