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Name: People v. Pruitt
Case #: B198408
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 03/28/2008

Probationer was not entitled to presentence credits for time spent in jail on new criminal charges following arrest but prior to revocation of probation. In February, 2006, Pruitt pleaded no contest to one count of burglary and was placed on probation with a prison term suspended. In June, he was charged with two new offenses committed while on probation. He remained in custody. In December, 2006, the case was dismissed and he was released. A new complaint was filed the next day and Pruitt was returned to custody. In January, 2007, he was held to answer and probation was revoked on the earlier case. The previously imposed four-year prison sentence was imposed. Pruitt’s request for presentence custody credit for the period from his initial arrest on June 10, 2006 through summary revocation of probation on January 2, 2007 was denied. The appellate court affirmed the denial of the request. Under People v. Huff (1990) 223 Cal.App.3d 1100, a defendant is not entitled to receive presentence credit based on his time in custody on new charges against his sentence for violating probation in the original case. The time Pruitt served in custody was due to his arrest on new charges, not on his original conviction. Huff resolved the issue properly and continues to be good law.