In January of 2013, Morris nicked a 719 dollar laptop from a Costo store. He was caught and convicted of felony-petty theft with a prior. Also true were that Morris had a prior "strike" conviction and two prior prison terms. The result was Morris received a four year prison sentence.
After the November 2014 passage of Proposition 47, Morris petitioned under PC 1170.18 for the court to reduce his conviction to a misdemeanor and resentence him. The court granted his petition, reduced his conviction from a felony to a misdemeanor petty theft, and resentenced him to serve 180 days in county jail, pay Costco back 719 dollars, and pay a 200 dollar state restitution fine. Morris already had credit for 477 days on his prior sentence, 297 days over the 180 day sentence. On appeal, Morris argued that the court should have applied his excess credits towards his 200 dollar restitution fine.
The Sixth District agrees with Morris.
Penal Code section 2900.5 addresses the issue of excess custody credits and fines. Prior to a July 2013 amendment that removed the term "restitution fines", section 2900.5 specifically included "restitution fines" within the category of fines against which excess custody credits are to be applied. Since fines are "punishment" and the maximum "punishment" is Constitutionally limited to that applicable under the law existing at the time the crime is committed, Morris is entitled to the benefit of section 2900.5 as it existed at the time he nicked the computer. So he gets his excess custody credits applied against his restitution fine. At 30 dollars a day, his 297 extra days wipes out his 200 dollar restitution fine.
Hopefully this will make it easier for him to pay Costco the 719 dollars for the computer.
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