People v. Hunter

Opinion

THOMPSON, J.

Found guilty of robbery, defendant was, on April 20, 1976, placed on probation conditioned upon his serving one year in the county jail. The trial court denied defendant’s petition seeking credit against the one-year period for 85 days spent by defendant in jail awaiting trial and judgment.

In this appeal, defendant contends: (1) Penal Code section 2900.5, as it existed prior to January 1, 1977, was unconstitutional to the extent that it denied credit for “back time” against a sentence imposed as a condition of probation; and (2) a 1976 amendment to section 2900.5 effective…