(Super. Ct. Nos. 09CR15677, 09CR15706, 03CR4683)
The opinion of the court was delivered by: Robie , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Darren Andrew Randall appeals presentence custody credits (Pen. Code,*fn1 § 2900.5) following his plea and sentencing in three separate cases settled at the same time: (1) a 2003 possession of methamphetamine; (2) a 2009 false imprisonment, which also constituted a probation violation on his 2003 drug offense; and (3) a 2009 gun possession by a felon. Defendant contends the trial court erred in failing to give him equal presentence credits in each of the three cases, for which he received concurrent sentences in a single proceeding. The People disagree and instead ask for: (1) reduction of defendant's credits due to a calculation error; and (2) imposition of additional fines and fees. We conclude defendant is not entitled to additional credits, and we remand for the trial court to make the necessary finding to forego discretionary fines/fees, impose mandatory fines/fees, and correct a calculation error regarding credits as requested by the People.
In trial court case No. 03CR4683 (the 2003 drug case), defendant pled guilty to possessing a controlled substance in 2003. Defendant received Proposition 36 probation and five days' credit for time served.
Defendant violated probation several times, resulting in the trial court ordering defendant to serve 174 days in county jail and awarding him 174 days of presentence credit (116 actual days under section 2900.5, plus 58 conduct credits under section 4019).*fn2
On June 24, 2009, defendant was arrested for false imprisonment of his child's mother by violence and corporal injury to a cohabitant. On June 25, 2009, the People filed a petition to revoke probation in the 2003 drug case based on this alleged misconduct.
On June 26, 2009, in trial court case No. 09CR15677 (the 2009 false imprisonment case), defendant was charged with false imprisonment of his child's mother by force. The charge of inflicting corporal injury on his child's mother was later dismissed.
On July 9, 2009, in trial court case No. 09CR15706 (the 2009 gun case), the prosecution charged defendant with possession of a firearm by a felon and possession of ammunition (which was dismissed). Law enforcement officers learned about the gun when defendant telephoned his mother from jail (on the false imprisonment charge) and asked for his father to remove the gun from defendant's room. The pleading alleged the gun offense occurred on June 25, 2009 (the last day defendant was free from custody before his June 26 arrest for false imprisonment). Defendant was remanded July 9, 2009. The complaint was deemed an information on August 7, 2009.
On August 25, 2009, the prosecutor moved to consolidate the two 2009 cases for trial, but the record shows no ruling.
On September 17, 2009, the trial court resolved all three cases pursuant to a plea, in what the People describe as a global resolution and joint sentencing. For the 2003 drug case, defendant admitted he violated probation by falsely imprisoning his child's mother. For the 2009 false imprisonment case, defendant pled guilty in exchange for a stipulated disposition of the low term of 16 months in prison, to run concurrently with the 2009 gun case. A charge of inflicting corporal injury was dismissed. For the 2009 gun case, the trial court accepted defendant's "West plea" (People v. West (1970) 3 Cal.3d 595 [a guilty plea unaccompanied by a factual admission]) for a stipulated disposition of the low term of 16 months in prison.
On October 22, 2009, the trial court sentenced defendant as follows:
In the 2009 gun case, the court sentenced defendant to the low term of 16 months and awarded defendant 170 days' credit for time served (114 ...