P. v. Levell
Everyone sentenced to prison for criminal conduct is entitled to credit against his term for all actual days of confinement solely attributable to the same conduct. (People v. Buckhalter (2001) 26 Cal.4th 20, 30, citing People v. Bruner (1995) 9 Cal.4th 1178, 1180 (Bruner) and Penal Code sections 2900, subd. (c), 2900.1, and 2900.5, subds. (a), (b).) The trial court in this case sentenced defendant Ray Eleigh Levell to three years in prison based on his conviction for false imprisonment (Pen. Code, 236, 237) and a prior prison term enhancement (Pen. Code, 667.5, subd. (b)).[1] The court awarded 194 days of presentence credit, but no credit for time served during a presentence parole revocation term. Defendant appeals from the trial courts post judgment order denying his motion for additional presentence credit. Court conclude that defendant has shown that 108 days of his parole revocation term were solely attributable to the same conduct that led to his conviction and sentence in this case. court therefore find that the trial court erred in denying additional presentence credit and direct the court to modify the abstract of judgment accordingly.
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