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Name: People v. Anaya
Case #: B195866
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/28/2007

A defendant is not entitled to presentence credits for time spent on electronic monitoring as a condition of pretrial release. Appellant was charged with numerous theft offenses and posted bail on September 30, 2005. On October 5, 2005, the trial court granted the district attorney’s request to further condition the release on a requirement that she comply with electronic monitoring. The case was subsequently resolved with a plea and appellant was sentenced to state prison with credit for the time on electronic monitoring. Applying rules of statutory construction, the appellate court determined that Penal Code section 2900.5, which addresses the award of presentence credits, does not authorize credit for presentence time on electronic monitoring.