P. v. Terry CA4/1
Gregory Terry stole a car and led officers on a high-speed chase. In this single-issue appeal, he argues the trial court erroneously denied him credits at sentencing under Penal Code sections 2900.5 and 4019 for two separate periods of presentence detention. The first period was for a PRCS "flash incarceration" commencing on October 6, 2017; the second was a five-day period leading up to the sentencing hearing on November 7.
Terry was entitled to credit only if he could show that his presentence incarceration during those two periods was the result of the same conduct for which he was convicted and sentenced. As we explain, by failing to raise a specific objection as to October 6, Terry forfeited any claim to credit for that date. Even otherwise, he did not meet his burden as to any of the claimed dates to show that he was incarcerated for the "same conduct" for which he was sentenced (i.e., car theft and evading officers).
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