In re Kramer CA2/6

Filed 10/13/25 In re Kramer CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re ANDREW KRAMER, 2d Crim. No. B342109 (Super. Ct. No. BA435471) on Habeas Corpus. (Los Angeles County)

Andrew Kramer filed a petition for a writ of habeas corpus seeking to correct the award of presentence custody credit. (Pen. Code, § 2900.5.)1 Following issuance of an order to show cause and formal briefing, the People and Kramer concede he is not entitled to presentence credit for the period of time between his federal and state sentencing hearings, but he is entitled to 43 days presentence

1 All statutory references are to the Penal Code unless

otherwise stated.

custody credit for time he was in custody prior to his federal sentencing hearing. We agree Kramer is entitled to the additional 43 days actual custody credit. FAUCTUAL AND PROCEDURAL BACKGROUND Kramer was arrested on April 16, 2013, for crimes perpetrated against the Lanning family. He was confined in the Los Angeles County Jail. In 2015, while Kramer was confined in the county jail, federal prosecutors charged him with conspiracy to distribute marijuana. Kramer pled guilty and, on January 28, 2016, he was sentenced to 192 months, to be served concurrently with any sentence subsequently imposed by the state court. On July 17, 2018, Kramer pled guilty in state court to two counts of stalking (§ 646.9, subd. (a)), six counts of arson of a structure (§ 451, subd. (c)), two counts of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)), and one count of attempted arson (§ 455). The same day, the superior court sentenced Kramer to state prison for 33 years and four months, to be served concurrently with the federal sentence. Kramer was awarded 974 days of presentence custody credit for days actually served and 974 local conduct credit (§ 4019), for a total of 1948 days of presentence credit. This court noted in its prior opinion: “The actual number of days between [Kramer’s] arrest on April 16, 2013 and his federal sentencing on January 28, 2016 is 1,017. It is unclear why he received 974 actual days of credit for that period.” (People v. Kramer (July 27, 2021, B304830) [nonpub. opn.], review denied Oct. 13, 2021, S270688.) There are 43 days unaccounted for which Kramer did not receive presentence credit (1017 minus 974 equals 43). The People contend that during