Does the Attorney General have any authority or authority to grant credit to a defendant who has been in presentence for a period of time?

California, United States of America


The following excerpt is from People v. Newsome, G049816 (Cal. App. 2014):

However, as the Attorney General points out, a defendant seeking credit for a particular period of presentence custody must affirmatively demonstrate that custody is solely attributable to the conduct for which he was sentenced. (People v. Bruner (1995) 9 Cal.4th 1178, 1191.) We agree with the Attorney General that this factual question is best addressed to the trial court on remand. (See In re Marquez (2003) 30 Cal.4th 14, 19 [recognizing that even seemingly simple credit determinations "can reveal hidden complexities"].)

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