In Re Bustos

Opinion

TURNER, P. J.

I. Introduction

In conjunction with his direct appeal, John Paul Bustos (defendant) has filed a petition for writ of habeas corpus seeking presentence credit served

[853]

pursuant to Penal Code section 2900.5. Because we determine, pursuant to the decision of our Supreme Court of

In re Joyner

(1989) 48 Cal.3d 487,489, 493-495 [256 Cal.Rptr. 785, 769 P.2d 967], that defendant’s presentence custody was due in part to an arrest warrant issued by the Board of Prison Terms prior to his arrest in this case, the trial court correctly denied any presentence credit.

II. Procedural and Factual Matters

Defendant was paroled from the state penitentiary on February 12, 1989, where he was serving a sentence for robbery. On January 22, 1990, defendant’s parole was suspended effective December 12,1989, for failure to report to his parole officer and an arrest warrant was issued pursuant to Penal Code section 3060 and title 15, California Code of Regulations, section 2711.

1

On June 23, 1990, defendant was arrested by Downey police officers in possession of a firearm. On June 24, 1990, a parole hold was placed against defendant, who was in Downey police custody. Defendant was charged with being an ex-convict in possession of a firearm in violation of Penal Code section 12021, subdivision (a). On July 2, 1990, defendant’s parole agent recommended defendant’s parole be reinstated but that the parole hold remain in place. On July 3, 1990, pursuant to title 15, California Code of Regulations, section 2636, defendant’s parole agent’s supervisor approved the request that the parole hold remain in effect.

2

Defendant pled guilty on July 5, 1990, and was sentenced to three years in state prison. At the time of sentencing, no formal parole revocation hearings had yet been scheduled. The trial court denied the request for any presentence credit because the parole hold was lodged independently of the charge of which he was convicted. On July 11, 1990, defendant’s parole was revoked and he was