Trial Court: Superior Court of the County of Mendocino Trial Judge: Honorable Richard Henderson Super. Ct. Nos. SCUKCRCR 09-92366 & SCUKCRCR 10-15906
The opinion of the court was delivered by: Siggins, J.
CERTIFIED FOR PARTIAL PUBLICATION*fn1
The published portion of this opinion addresses the attribution of presentence credits under Penal Code section 2900.5 (b).*fn2 In the unpublished portion we hold that the appellant forfeited his challenge to the measure of criminal fees imposed by the trial court.
Appellant Joshua Torres was serving a two-year prison sentence on a Sonoma County conviction when he entered guilty pleas to new charges in Mendocino. Part of the bargain required that he be resentenced for the Sonoma County offense. The Mendocino Superior Court accepted the plea and imposed a sentence that included a reduction of the Sonoma County sentence from two years to eight months. As a result, the Sonoma County sentence was actually served months before the modified sentence was imposed. When it awarded presentence credits, the trial court refused to award any credits for the time Torres was being held in Mendocino awaiting trial on the Mendocino crimes because, even though the newly calculated sentence on the Sonoma charge had expired, he was serving the two-year sentence from Sonoma County while he was being held for trial. We hold that the denial of presentence credits for the time following the expiration of the modified Sonoma County sentence was error.
Once the trial court resentenced Torres, it could have determined his release date on the Sonoma County charge. After that date, any time Torres spent in custody before sentencing was attributable to the Mendocino charges and he should have been awarded presentence credits for that time. Accordingly, we modify the judgment and remand for the calculation and award of additional presentence credit. As modified, the judgment is affirmed.
FACTUAL AND PROCEDURAL BACKGROUND
Mendocino County Case No. 09-92366
On August 27, 2009, Torres pleaded guilty to felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) in Mendocino County. The court suspended imposition of sentence and placed him on formal probation for three years, with various conditions. On November 28, 2010, Torres was arrested for violating his probation. The court summarily revoked probation on December 1, 2010.
Mendocino County Case No. 10-15906
On December 4, 2010, a new complaint was filed in Mendocino County charging Torres with six counts of substance- and vehicle-related offenses.
Sonoma County Case No. SCR 594137
While his two Mendocino County cases were pending, on May 19, 2011, Torres was convicted in Sonoma County for possession for sale of a controlled substance (Health & Saf. Code, § 11378). On June 17, 2011, he was sentenced to two years in state prison. He was also awarded 366 days presentence credits, consisting of 183 days for time served and 183 days for good behavior. Torres was serving this sentence when he ...