In Re Jordan

California Court of Appeal Jul 28, 1975 No. Crim. 14067Published

Before: Caldecott

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Holding. The court held that a defendant is entitled to credit against a state prison sentence for time spent in federal custody when that custody is attributable to the same criminal act for which the defendant was convicted in state court. This entitlement is required by the equal protection clause to avoid unconstitutional discrimination.

Issues

Whether a defendant is entitled to credit on a state sentence for time served in federal custody for the same criminal act.
Whether the equal protection clause requires credit for presentence custody even if the specific language of Penal Code section 2900.5 does not explicitly cover federal custody.

Disposition. granted

Quotations verified verbatim against the opinion

“In the light of Young we find no reason why the equal protection clause should not apply to the petitioner so that he will receive credit for the time spent in federal custody.”

“The petition for writ of habeas corpus is granted and the petitioner is to receive credit for all time spent in federal custody which is attributable to the charge arising from the same criminal act for which petitioner has been convicted.”

Opinion

CALDECOTT, P. J.

Petitioner Carroll Wayne Jordan is presently incarcerated at Susanville pursuant to a judgment of the Amador County Superior Court convicting him of possession of stolen property (Pen. Code, § 496).

Petitioner was arrested in July 1972 by United States Treasury Department agents from the Bureau of Alcohol, Tobacco and Firearms, while he was in the process of stealing a quantity of explosives in Amador County, California. He was charged with the violation of title 18 of the United States Code, section 842(h) (“receive, conceal, transport. .. [etc.] any explosive materials knowing [they] were stolen”) and title 18 of the United States Code, section 924(c)(2) (carrying a firearm in the commission of a felony). Thereafter, he was committed to the Medical Center for Federal Prisoners in Springfield, Missouri, pursuant to title 18

[157]

of the United States Code, section 4244, upon his motion for a medical examination to determine whether he was competent to stand trial. He remained in federal custody until charges against him were dismissed on August 27, 1974. He was then taken into the custody of California. On November 8, 1974, he pleaded guilty to a charge of receiving stolen property and was sentenced to state prison. He states that at the time he was sentenced, his attorney requested credit for the two years’ time he served in federal custody; this request was denied.

Petitioner contends that since he served his fpderal time for the same acts for which he now stands convicted in state court, he is entitled to two years’ credit on his state sentence. Penal Code section 2900.5 provides: “(a) In all felony convictions, either by plea or by verdict, when the defendant has been in custody in any

city, county,

city and county jail,

all days of custody of the defendant from the date of arrest to the date on which the serving of the sentence imposed commences . . . shall be credited upon his sentence . . . . (b) For the purposes of this section, credit shall be given only where the custody to be credited is attributable to charges arising from the same criminal act or acts for which the defendant has been convicted.” (Italics added.)

In Re Jordan

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CALDECOTT, P. J.

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