Presentence Custody Credit In a Sex Crime Case
In People v. Williams (1992) 10 Cal.App.4th 827, after the defendant was arrested for kidnapping and sexually assaulting a minor, his probation in an earlier matter was revoked due to failure to "obey all laws" and "new charges."
He was charged with multiple sex offenses in the new case, but he entered a negotiated plea to one count only.
The Court concluded the defendant was entitled to presentence credit because the custody for his probation revocation arose from the identical conduct that led to the criminal sentence.
The court reasoned, first, that the "obey all laws" violation related only to the kidnapping-assault case and, second, that "the mere dismissal of certain counts in the criminal proceeding, all of which counts stemmed from the same criminal episode, did not mean that the revocation was based on conduct different from that leading to the criminal sentence." ( People v. Bruner, supra, 9 Cal.4th at p. 1193, fn. 10, discussing People v. Williams, supra, 10 Cal.App.4th at pp. 832-834.)