In Re Miller

Opinion

ELKINGTON, J.

Charles T. Miller, a California state prison inmate, by way of habeas corpus seeks credit for 327 days upon his prison term, under the authority of

In re Kapperman,

11 Cal.3d 542 [114 Cal.Rptr. 97, 522 P.2d 657],

In re Young,

32 Cal.App.3d 68 [107 Cal.Rptr. 915], and Penal Code section 2900.5.

Miller was arrested and incarcerated in the Los Angeles County jail, March 31, 1970, on a charge of robbery.

Three days later, April 2, 1970, a federal detainer was lodged against him from El Paso, Texas, where he was wanted for trial on a charge of assaulting a federal officer.

He remained in the Los Angeles County jail by virtue of the pending robbery charge and the federal detainer until September 15, 1970, when he was delivered into federal custody for trial on the El Paso offense.

[1048]

Miller remained in custody of the federal authorities in an El Paso jail until October 8, 1970, on which date, following his plea of guilty and sentence on the El Paso assault charge, he was returned to California, for trial on that state’s robbery charge against him.

In California Miller pleaded guilty to robbery, second degree, and was sentenced to state prison for the period prescribed by law, i.e., for “not less than one year.” (See Pen. Code, § 213, subd. 2.) That term, however, was ordered to run

concurrently

with his federal sentence.

Following the California guilty plea and sentence a decision was made that Miller first serve the earlier imposed federal prison term. On February 19, 1971, 325 days (not 327 as claimed by Miller) after his Los Angeles robbery arrest, he was delivered to appropriate authorities for that purpose. The federal sentence has now been served and Miller is, as indicated, completing his concurrent California prison term.