In re Kramer CA2/6

DISCUSSION

A sentence that fails to award legally mandated custody credit is unauthorized and may be corrected at any time. (People v. Cardenas (2015) 239 Cal.App.4th 220, 235.) The sole issue is whether Kramer is entitled to additional presentence custody credit for the period he was in county jail between his arrest on April 16, 2013, and the imposition of his state sentence on July 17, 2018. (§ 2900.5.) A convicted person shall receive credit against his sentence for all days spent in custody, including presentence custody. (§ 2900.5, subd. (a).) A defendant does not receive presentence credit for time spent in custody awaiting sentencing if he is already serving a term of incarceration during that same period. (In re Rojas (1979) 23 Cal.3d 152,155-156.) Thus, Kramer is not entitled to custody credit for his time in county jail if he had begun to serve his federal sentence after the federal sentencing hearing. Attached to the People’s return is a printout of the Public Information Inmate Data from the Federal Bureau of Prisons (BOP) showing the BOP designated January 28, 2016, the day Kramer

3 was sentenced in federal court, as the first day of his federal sentence. The…