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Name: In re Marquez
Case #: S102729
Court: CA Supreme Court
District CalSup
Opinion Date: 03/27/2003
Subsequent History: 5/21/03: opn modified without change in judgment

Marquez was convicted in Monterey County of burglary and several prior felony convictions. He was sentenced to 25 years in prison, with credit for pretrial custody. Then, his conviction on an earlier Santa Cruz case was reversed and the case dismissed. On his petition for writ of habeas corpus, the superior court refused him credits for the time spent in custody after he was sentenced on the Santa Cruz case, but before he was sentenced in this case. The appellate court here reversed that order. Once Monterey County had a “hold” on appellant, his custody was attributable to the charges in both counties. Therefore, once Santa Cruz dismissed the charges, all custody was attributable to the Monterey County proceedings, and he was entitled to credits for the time after he was sentenced in Santa Cruz County until the day he was sentenced in Monterey County. (The Court distinguished People v. Huff (1990) 223 Cal. App. 3d 1100 on its facts.)