P. v. Winslow CA4/1
In 2019, a jury convicted defendant Kellen Boswell Winslow II of forcible rape, indecent exposure, and lewd conduct. Winslow subsequently pleaded guilty to rape of an unconscious person and assault with intent to rape. After receiving a sentence of 14 years in state prison, Winslow sought 233 days of custody credit for time he spent on electronic monitoring prior to sentencing under Penal Code section 2900.5, which entitles an individual to credit for all “days served in home detention pursuant to . . . Section 1203.018.” The trial court awarded Winslow four days of credit but determined he was ineligible for credit during the remaining 229 days that he was under electronic monitoring but not subject to home detention.
On appeal, Winslow asserts that he is entitled to presentence custody credit during the 229-day period when he was electronically monitored, characterizing the conditions of his bail release during this period as “home detention.”
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