People v. Ewing

Opinion

COLOGNE, J.

Defendant Jerry Ray Ewing appeals and petitions for a writ of habeas corpus after the trial court sentenced him to prison upon his plea of guilty to being a convicted felon in possession of a concealable firearm (Pen. Code, § 12021). His appeal and the writ relate solely to credit for presentence time in custody.

On February 20, 1976, Ewing was arrested in San Diego for charges relating to his possession of a firearm. He was released from custody the next day, and he failed to appear at San Diego court proceedings scheduled March 31, 1976, on the firearm matter.

On October 8, 1976, Ewing was arrested in Alameda. County for forgery (Pen. Code, § 470). Holds were placed on him by San Diego law enforcement and state parole authorities.

1

He remained in custody. On December 30, 1976, the court in Alameda County sentenced him on the forgery conviction to one year in jail, with credit for time served.

On February 4, 1977, Ewing returned to San Diego and on February 7, counsel was appointed to represent him.

[458]

On February 25, 1977, an information was filed charging Ewing with three firearms offenses committed February 20, 1976 (Pen. Code, §§ 12025 [carrying concealed a concealable firearm], 12031, subd. (a) [carrying loaded firearm in public place], 12021 [ex-felon in possession of concealable firearm]). Pursuant to a bargain he pleaded guilty to the charge of being an ex-felon in possession of a concealable firearm and the trial court sentenced him to prison on April 18, 1977. For purposes of Penal Code section 2900.5 the court credited him with 70 days of presentence custody, from February 7 (the date counsel was appointed) to April 18, 1977 (the sentencing date).

2

Ewing contends under the provisions of Penal Code section 2900.5, he is entitled to credit for time spent in custody in Alameda County while under a hold from San Diego County on the present charges, and for any other time served in relation to these charges.