Roman Polanski will come back to a California courtroom to face the judge over his fugitive status in his child rape case, but only if the judge says in advance that the director served his full time behind bars.

Polanski's lawyer, Harland Braun, has filed legal docs trying to cut through what has become a decades long legal mess. Braun says it's boiled down to a simple fact ... the sentencing judge required Polanski to serve less than 50 days, and between jail in the U.S. and house arrest in Switzerland, he's served nearly 400 days.

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