Is a criminal sentence credited with jail time or prison time attributable to a parole or probation revocation that was based only on the same criminal episode?

California, United States of America


The following excerpt is from People v. Durouso, B272181 (Cal. App. 2017):

proceedings related to the same conduct for which the defendant has been convicted." "A criminal sentence may not be credited with jail or prison time attributable to a parole or probation revocation that was based only in part upon the same criminal episode. (People v. Bruner (1995) 9 Cal.4th 1178, 1191.) A defendant must prove that the conduct which led to the conviction was a 'dispositive' or ' "but for" ' cause of the presentence custody. (Id. at p. 1180 [].)" (People v. Johnson (2007) 150 Cal.App.4th 1467, 1485.)

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