People v. Twine

Opinion

ASHBY, J.

Pursuant to a plea bargain, appellant pleaded guilty to robbery and simple kidnaping, and he admitted using a firearm. He was sentenced to a term of seven years in the state prison. His appeal does not challenge the validity of his guilty plea, but rather the court’s calculation of credits on his sentence pursuant to Penal Code section 2900.5.

The trial court granted appellant credit for 177 days of time in custody plus 88 days for conduct credits. The figure of 177 days corresponds to the days in custody between appellant’s arraignment on April 21, 1981, and his sentencing on October 15, 1981.

Appellant contends that he was in custody attributable to the present charges since February 20, 1981, and that therefore his credits should be 237 days for time in custody plus 118 days for conduct credits.

1

Appellant was originally charged with the same incident (the robbery and kidnaping of victim Johnny R. Brown on Feb. 20, 1981) in juvenile court in a petition filed under Welfare and Institutions Code section 602 on February 24, 1981. While the juvenile proceedings were pending, the juvenile court ordered appellant detained in juvenile hall. On March 16, 1981, the juvenile court found that appellant was not a fit and proper subject to be dealt with under the Juvenile Court Law, and the court referred the matter to the district attorney for prosecution under general law, with appellant to be detained at juvenile hall pending transportation to and from adult court.

In fact, the sentencing court found that appellant was.arrested on February 20, 1981, and had been in custody until the date of sentencing, October 15, 1981. Since appellant’s confinement in custody from February 20, 1981, was “attributable to proceedings related to the same

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conduct for which the defendant has been convicted” (Pen. Code, § 2900.5, subd. (b)), he should have been given credit for time in custody from February 20, 1981.

(People

v.