In re Leonard R

In In re Leonard R. (1977) 76 Cal.App.3d 100, the Court of Appeal held that the appellant was not entitled to the credit under section 2900.5, and that excluding him from the benefits of that section did not deny him equal protection of the law. 'Penal Code section 2900.5 by its very terms is not applicable to juvenile commitments. The statute refers to "felony and misdemeanor convictions" and provides for precommitment custody time to be credited only against the defendant's "sentence." A declaration of wardship is not a "conviction" and a dispositional order of the juvenile court is not a "sentence." (76 Cal.App.3d at pp. 103-104.) Regarding the equal protection issue, the court held: 'The distinction between juveniles and adults which permits different legislative treatment in terms of confinement and disposition is to be found in the fundamental and conceptual difference between criminal prosecution and juvenile proceedings. Such a distinction is not arbitrary and clearly bears a substantial relation to a legitimate legislative objective.' (76 Cal.App.3d at pp. 104-105.)