Cal. Codes » Penal Code / PART 3. OF IMPRISONMENT AND THE DEATH PENALTY / TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS / CHAPTER 7. Execution of Sentences of Imprisonment / ARTICLE 1. Commencement of Term
California Codes

Cal. Penal Code § 2900.1 (2026)

Commencement of Term

✓ current as of May 2026
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Where a defendant has served any portion of his sentence under a commitment based upon a judgment which judgment is subsequently declared invalid or which is modified during the term of imprisonment, such time shall be credited upon any subsequent sentence he may receive upon a new commitment for the same criminal act or acts.

Notes of Decisions
Cited in 27 cases (2 in the last 5 years), 1952–2024 · leading case: In Re Martinez, 65 P.3d 411 (Cal. 2003).
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In Re Martinez, 65 P.3d 411 (Cal. 2003). · cites it 2× “(Pen.Code, § 2900.1.)" ( In re James, supra, at p.”
People v. Serrato, 512 P.2d 289 (Cal. 1973). · cites it 2× “(Pen. Code, § 2900.1; North Carolina v. Pearce, supra, 395 U.”
In Re Bandmann, 333 P.2d 339 (Cal. 1958). · cites it 2× “Penal Code, section 2900.1: "Where a defendant has served any portion of his sentence under commitment based upon a judgment which judgment is subsequently declared invalid or which is modified during the term of imprisonment, such time shall be credited upon any subsequent…”
People v. DONAN, 11 Cal. Rptr. 3d 904 (Cal. Ct. App. 2004). “Presentence Conduct Credits “Where a defendant has served any portion of his sentence under a commitment based upon a judgment which judgment is subsequently declared invalid,” the trial court must calculate the actual time the defendant has already served and credit that time…”
In Re James, 240 P.2d 596 (Cal. 1952). “(Pen. Code, § 2900.1.) The writ is granted, the return to the order to show cause shall stand as the return to the writ, and the petitioner is discharged from the custody, of the warden at San Quentin and committed to the custody of the sheriff of Fresno County for further…”
People v. Shanea J., 150 Cal. App. 3d 831 (Cal. Ct. App. 1984). “(Pen. Code, § 2900.1; North Carolina v. Pearce, supra, 395 U.”
People v. Galvan, 187 Cal. App. 3d 1205 (Cal. Ct. App. 1986). “698 ]; Pen. Code, § 2900.1.) Disposition The judgment is modified to stay the sentence for violation of section 207 until appellant has completed the remainder of his sentences, the stay then to become permanent.”
In Re Masching, 261 P.2d 251 (Cal. 1953). “(Pen. Code, § 2900.1; In re Roberts, 40 Cal.”
In Re Roberts, 255 P.2d 782 (Cal. 1953). “) His argument is that the word concurrent means not only that the sentences are to run together, but that they are to start and end together, and hence that the new term necessarily terminated at the same time as the prior one.”
In Re Turrieta, 356 P.2d 681 (Cal. 1960). “It is therefore ordered that petitioner be remanded to the custody of the sheriff of Contra Costa County with directions that she be rearraigned for pronouncement of judgment in accordance with the views herein expressed, and the provisions of Penal Code, section 2900.1. 1…”
In re Levi, 244 P.2d 403 (Cal. 1952). “) The petitioner is discharged from the custody of the authorities at the California Institution for Men at Chino and committed to the custody of the sheriff of Los Angeles County with directions that petitioner be arraigned for pronouncement of judgment in accord with this…”
People v. Horton, 345 P.2d 45 (Cal. Ct. App. 1959). “(Pen. Code, § 2900.1.) The judgment is reversed and the cause remanded, but for the sole purpose of rearraigning the defendant for judgment and the pronouncing of judgment.”
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