People v. Schaaf

Opinion

FRANSON, Acting P. J.

Statement of the Case

This case presents the recurring troublesome question of whether a defendant is entitled to presentence custody credit for the time spent in jail awaiting sentence in a particular case while, at the same time, the defendant was serving a sentence on an unrelated offense. We conclude that under In re Atiles (1983) 33 Cal.3d 805 [191 Cal.Rptr. 452, 662 P.2d 910] a defendant is entitled to credit for the entire time he spends in jail awaiting sentence if the restraint on the unrelated crime does not precede the restraint caused by the pending…