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Name: People v. Cofer
Case #: H050122
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/28/2024

When a defendant is sentenced concurrently at a single hearing to resolve multiple cases, Penal Code section 2900.5 requires the trial court to apply presentence credits for all periods of actual custody toward all concurrent sentences. Cofer was sentenced as part of a negotiated disposition of five open cases to a six-year principal term, with all other terms running concurrent. The trial court denied the request for dual presentence credits, ruling that under People v. Jacobs (2013) 220 Cal.App.4th 67, Cofer was not entitled to credits for cases where he remained on bail or on his own recognizance while in presentence custody. The Court of Appeal reversed, disagreeing with its precedent in Jacobs. The fair, reasonable, and easier application of section 2900.5 is where a defendant is convicted and sentenced at the same hearing on multiple open cases, they shall receive credit for all days actually spent in presentence custody and those days should not be limited based on purely technical noncustodial status in any particular case. However, a defendant shall not receive credit for time spent in custody before the initial arrest in any given case. [Editor’s Note: Justice Lie dissented, noting that that it is not appropriate to “bend Penal Code section 2900.5, subdivision (b)1 to our own sense of what is fair and reasonable—without either legislative action or the California Supreme Court’s reconsideration of its own more restrictive interpretations of the legislative intent.”]

The full opinion is available on the court’s website here: