People v. Nunez

In People v. Nunez (2008) 167 Cal.App.4th 761, the defendant was held in local custody for two offenses while he awaited trial for unlawful driving. (Nunez, supra, 167 Cal.App.4th at p. 765.) One offense (robbery) was a violent felony (see 667.5, subd. (c)(9) defining robbery as violent), while the second offense (the unlawful driving) was not. (Nunez, at p. 765.) The defendant conceded the 15 percent limit for presentence custody credit applied in the robbery case, but claimed the court erred in applying the 15 percent limit to the unlawful driving case because that offense was not a violent felony and, thus, the 15 percent limit did not apply. (Ibid.) The Nunez court rejected that claim, concluding that the trial court "correctly applied the 15 percent limit to both offenses." (Ibid.) The Nunez court explained: "It is often said that the 15 percent cap applies to the offender, not the offense; thus, the 15 percent limit applies to each offense of a defendant's entire prison term if any of the offenses for which he is sent to prison is violent." (Ibid.)