People v. Kramer CA2/6

Filed 7/27/21 P. v. Kramer CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B304830 (Super. Ct. No. BA435471) Plaintiff and Respondent, (Los Angeles County)

v.

ANDREW H. KRAMER,

Defendant and Appellant.

Andrew H. Kramer appeals the trial court’s order denying his motion for presentence custody credit for time spent in county jail between imposition of sentence in a federal case and imposition of sentence in the underlying state case. (See Pen. Code, § 2900.5.)1 He contends the prosecution failed to establish that the time spent in county jail following the federal sentencing hearing was applied toward his federal sentence. But that was not the prosecution’s burden. Appellant had to prove he remained in state custody between imposition of the two

1 All statutory references are to the Penal Code.

sentences, thereby entitling him to full presentence custody credit on the state sentence. He failed to do so. We affirm. FACTUAL AND PROCEDURAL BACKGROUND George Lanning was appellant’s business partner and landlord. Following a rift between the two, appellant hired men to terrorize Lanning and his family. They stalked Lanning’s family for several years and repeatedly vandalized his home. During a home invasion, the men attacked and seriously injured Lanning’s wife and son. Appellant was arrested on April 16, 2013 for the crimes perpetrated against the Lanning family. He was confined in the Los Angeles County Jail. In 2015, federal prosecutors charged appellant with conspiracy to distribute marijuana, alleging that he distributed 1000 kilograms of marijuana over the course of six years. The parties’ plea agreement provided for a 16-year sentence to be served concurrently with any sentence subsequently imposed by the state court. Appellant was sentenced on January 28, 2016. The federal court stated it had no objection to the concurrent sentence and that “the State court [can do] anything they want with it.” In 2016, an indictment was filed in state court charging appellant with 30 offenses involving the Lanning family, including arson and attempted murder. On July 17, 2018, pursuant to a plea agreement, appellant pled guilty to two counts of stalking (§ 646.9, subd. (a)), six counts of arson of a structure (§ 451, subd. (c)), two counts of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)) and one count of attempted arson (§ 455).