Is a defendant entitled to credit under section 2933.2 of the California Probation Code for his time in custody?

California, United States of America

The following excerpt is from People v. Kong, E054664 (Cal. App. 2013):

Section 2933.2 provides in relevant part: "(a) Notwithstanding Section 2933.1 or any other law, any person who is convicted of murder, as defined in Section 187, shall not accrue any credit, as specified in Section 2933 or Section 2933.05. [] . . . [] (c) Notwithstanding Section 4019 or any other provision of law, no credit pursuant to Section 4019 may be earned against a period of confinement in, or commitment to, a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, following arrest for any person specified in subdivision (a)." However, section 2900.5 awards defendant credit for all days spent in custody. This provision applies to all defendants. (People v. Taylor (2004) 119 Cal.App.4th 628, 647.) The probation officer calculated defendant's actual time in custody (from the date of his arrest until sentencing) as 630 days. Neither party disputes this calculation. Thus, defendant was entitled to 630 days of actual custody credit. We order the judgment to be modified to correct this error.

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