Error and/or relief
A defendant is entitled to credit for actual time spent in custody before the commencement of a prison sentence, even when the sentence is indeterminate. The court is directed to recalculate the amount of custody credit he should receive.
First Holding:
Section 2900.5 entitles a defendant to credit for actual time spent in custody before the commencement of a prison sentence, even when the sentence is indeterminate.
Authority:
PEN 2900.5
People v. Duff (2010) 50 Cal.4th 787, 793
People v. Herrera (2001) 88 Cal.App.4th 1353, 1365
Second Holding:
A sentence for possession of specified weapons while confined in (or being conveyed to or from) any penal institution is to be served consecutively.
Authority:
PEN 4502
Third Holding:
Credit shall be given only once for a single period of custody attributable to multiple offenses for which a consecutive sentence is imposed.
Authority:
PEN 2900.5