State v. Fuentes

I must dissent from the majority’s conclusion as to the statutory “outer limits of incarceration” where county jail time is imposed as a condition of probation and .because of this disagreement, I must also dissent from the failure of the majority to allow credit for this probationary jail time. As to the first two issues raised by the defendant and disposed of by the majority, I concur.

It is apparent that the majority’s opinion, at least initially, denying pre-probation incarceration time credit and denying credit for time spent while incarcerated in the county jail as a condition of…