People v. Libhart

Opinion

WHITE, P. J.

In this appeal we hold that a defendant who is in custody at a locked facility pursuant to a civil commitment of fixed duration is not entitled to presentence credit against a prison term where (1) the term

*1017arises from conduct unrelated to the civil commitment, and (2) the restraints associated with such conduct occur after the civil commitment order.

Defendant Rich C. Libhart appeals from the judgment of the Superior Court of Sonoma County following his plea of nolo contendere to a violation of Penal Code section 289, subdivision (a) (penetration by foreign object).…