California Court of Appeal

In case where defendant, while confined at a state hospital on an insanity commitment, was charged with battery upon a hospital guard, was found incompetent to stand trial for battery and received an incompetency commitment, but was awarded credit for time served for pretrial confinement, an order awarding defendant pretrial custody credits under Penal Code sections 2900.5 and 4019 is reversed as defendant is not entitled to: 1) custody credit since his liberty was already restrained by the insanity commitment; and 2) conduct credit for time spent in the nonpenal confines of a state hospital.

Appellate Information

• Decided 11/06/2006
• Published 11/06/2006

Judges

• MARCHIANO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Mary Jo Graves, Chief Assistant Attorneys General, Gerald A. Engler, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, Attorneys for Plaintiff and Appellant.


• For Appellees:
  
• Eleanor M. Kraft, Esq., Attorney for Defendant and Respondent.