People v. McGarry

Opinion

ROBIE, J.

This case addresses the issue of how to allocate the monetary credit resulting from excess presentence custody credit to a base fine, penalty assessments and a restitution fine. We conclude that the monetary credit must be applied “on a proportional basis” (Pen. Code, § 2900.5, subd. (a) (hereafter section 2900.5(a)). 1 In other words, each dollar of monetary credit must be used proportionally to reduce the base fine, penalty assessments and restitution fine rather than any one of these categories alone. Thus, if the monetary credit does not eliminate all amounts due, the…