Is a defendant entitled to credit for time spent in custody under section 2900.5 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Alvarez, C092114 (Cal. App. 2021):
In People v. Phoenix (2014) 231 Cal.App.4th 1119 (Phoenix), this court explained that under section 2900.5, subdivision (b), a defendant is not to be given credit for time spent in custody if during the same period he is already serving a term, because the defendant would have been in custody serving the earlier sentence had there been no other matters pending. (Phoenix, p. 1128.)
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