Misdemeanor Petty Theft Probation Arrest Case In California

In People v. Williams (1992) 10 Cal.App.4th 827, a defendant on probation with respect to a misdemeanor petty theft conviction was arrested in connection with the kidnapping and sexual assault of a 13-year-old girl. (Id. at pp. 829-830.) Two days after his arrest, the defendant's probation was summarily revoked for two probation violations--suffering "'new charges'" and failing to "'obey all laws.'" (Ibid.) At the probation violation proceedings, the court found the defendant had violated his probation by failing to "'obey all laws,'" revoked his probation, and sentenced him to 177 days in jail, with credit for 76 days' time served. (Id. at p. 830.) The defendant was charged with 13 felony counts in connection with the alleged kidnapping and sexual assault. (Williams, supra, 10 Cal.App.4th at p. 830.) He ultimately pleaded no contest to the charge of rape in concert. (Id. at pp. 830, 832.) The trial court sentenced the defendant to nine years in prison, and denied him any presentence credits. (Id. at p. 830.) The appellate court held that the trial court erred in failing to award the defendant 139 days of credit, for the period of incarceration from the date of his arrest in connection with the kidnapping/sexual assault matter to the date he was sentenced in that matter. (Id. at pp. 829-830, 835.) It stated that the defendant's "presentence custody was attributable to 'proceedings relating to the same conduct' for which he was convicted; he would have been free of incarceration for probation violation but for such proceedings relating to his conduct with the victim ... for which he was convicted and sentenced ... ." (Id. at p. 834.)