IN RE ROJAS

Docket No. Crim. 20595.

23 Cal.3d 152 (1979)

588 P.2d 789

151 Cal. Rptr. 649

In re ARTURO LOPEZ ROJAS on Habeas Corpus.

Supreme Court of California.

January 12, 1979.


Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik and Quin Denvir, State Public Defenders, Charles M. Sevilla, Chief Assistant State Public Defender, and Allison B. Stein, Deputy State Public Defender, for Petitioner.

Rowan K. Klein as Amicus Curiae on behalf of Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow, Roger W. Boren and Elizabeth A. Baron, Deputy Attorneys General, for Respondent.


OPINION

RICHARDSON, J.

(1a) The issue is whether Penal Code section 2900.5 entitles a criminal defendant to credit towards his sentence for a period of presentence time spent in custody, if during that same period the defendant was simultaneously serving a prison term for a prior unrelated offense. We conclude that it does not.

On January 4, 1972, defendant was convicted of manslaughter and sentenced to state...

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