People v. Anderson CA2/5

Filed 6/22/15 P. v. Anderson CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B257454

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA067817) v.

RODNEY ANDERSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathryne A. Stoltz, Judge. Affirmed in part, reversed in part. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, JR, Supervising Deputy Attorney General, and Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent.

Defendant, Rodney Anderson, appeals after he was sentenced to 19 years, 8 months in state prison for committing two violent felonies and because of his prior serious felony conviction. After reviewing the record, appointed appellate counsel filed an opening brief in which no issues were raised. Instead, appointed appellate counsel requested we independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284.) There are no arguments that are potentially favorable to defendant that can be raised. After conducting our independent review, we concluded there was a potential jurisdictional error in connection with the presentence credit award and requested further briefing. (See People v. Karaman (1992) 4 Cal.4th 335, 349, fn. 15; People v. Chilelli (2014) 225 Cal.App.4th 581, 591.) Defendant was given credit for 542 days of actual presentence credit and 81 days of conduct credits. (Pen. Code, §§ 2900.5, subd. (a); 2933.1, subd. (c).) We conclude there is no substantial evidence which supports this particular calculation of presentence credits. According to the probation report, defendant was arrested on June 4, 2011. But according to the preliminary hearing testimony, defendant was arrested on January 4, 2011. According to the clerk’s minutes, defendant remained in custody for certain until March 28, 2012. According to the bail bond in the superior court file, defendant posted bail on April 3, 2012. Thus, assuming the preliminary hearing testimony is correct as of April 3, 2012, when released on bail, defendant had served 455 days in custody. On January 2, 2013, defendant failed to appear in court as ordered and a bench warrant for his arrest was issued. Defendant remained out of custody until November 13, 2013, when he was arrested in Las Vegas, Nevada. According to Clark County, Nevada correctional records, as of November 19, 2013, defendant had a scheduled preliminary hearing on December 2, 2013. The same custody records show defendant was also held as a fugitive from another state. Also, on November 19, 2013, a Nevada official sent an e-mail to Los Angeles County Deputy District Attorney Alex Huntsman. The e-mail requested a decision be made by the Los Angeles authorities as to whether they desired that defendant be extradited as a result of the pending arrest warrant. On November 21,