People v. Boney

California Court of Appeal Sep 21, 1982 No. Crim. 11265Published

Before: Puglia

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Holding. The court held that a defendant is not entitled to presentence credit for time served in federal custody following parole revocation when the revocation was based on multiple grounds, only one of which was the current offense. Additionally, the court affirmed that a state sentence may be imposed consecutively to a federal term following federal parole revocation.

Issues

Whether a defendant is entitled to presentence credit for time served in federal custody when parole revocation was based on multiple grounds including the current offense.
Whether a state sentence may be imposed consecutively to a federal term following federal parole revocation.

Disposition. affirmed

Quotations verified verbatim against the opinion

“If, as seems likely, revocation was, also based on the other reasons for defendant’s apprehension cited in the federal bench warrant, defendant is not entitled to presentence credit for time served in federal custody.”

“The judgment is affirmed.”

[746]

Opinion

PUGLIA, P. J.

Convicted of robbery (Pen. Code, § 211), defendant appeals from the judgment contending the trial court erred in denying presentence credit for time spent in federal penitentiary.

An understanding of the single issue in dispute requires a brief chronological summary of the relevant events.

On March 5, 1980, defendant, then on federal parole, was arrested on the instant robbery charge. He was released on bail April 21, 1980. Trial commenced June 9. On July 10 a federal bench warrant issued for defendant’s apprehension as a parole violator, citing defendant’s failure to report to his parole officer, his departure from the jurisdiction (the Eastern District of California) without permission and his involvement in the instant robbery charge. On June 11, the third day of his robbery trial, defendant did not appear and the superior court issued a bench warrant. Defendant’s trial proceeded in his absence, the jury returning a verdict of guilty on June 12 (Pen. Code, § 1043, subd. (b)(2)).

On July 20, 1980, defendant was arrested in Nevada by federal parole officers. On August 28, defendant’s federal parole was revoked and he was committed to federal pentitentiary to serve out the remainder of his term.

On November 20, defendant was returned to state court under the provisions of the Agreement on Detainers (Pen. Code, §§ 1389-1389.8) The matter was referred to the probation department and on January 9, 1981, defendant was sentenced to the state prison for the lower term of two years, to be served consecutively to the federal term. The trial court awarded presentence credit for the period of incarceration between defendant’s arrest March 5, 1980, and his release on bail, April 21, 1980. This time amounted to 46 actual days and 23 days good time/work time. Defendant was returned to federal custody to complete his sentence.

Defendant contends that he is entitled to presentence credits for the period of time between July 20, 1980, the date he was arrested in Nevada and January 9, 1981, the date he was sentenced on the within offense. In support of his contention, defendant relies on

People v. Boney

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PUGLIA, P. J.

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