California Court of Appeal

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PEOPLE v. MCGARRY, C037114

When allocating the monetary credit resulting from excess presentence custody credit to a base fine, penalty assessments and a restitution fine, each dollar of monetary credit must be used proportionally to reduce the base fine, penalty assessments and restitution fine rather than any one of these categories alone, and if the monetary credit does not eliminate all amounts due, the defendant still owes the remaining amount in each category.

Appellate Information

  • Decided 02/28/2002
  • Published 02/28/2002

Judges

  •  ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, Tiffany S. Shultz, Deputy Attorney General, for Plaintiff and Respondent.