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 People contend that the time between Kramer’s federal and state sentencing hearings, while Kramer was in state custody, he was serving his federal sentence and is not entitled to custody credit for that time. The People concede that the 43 days during which Kramer was transferred to federal jurisdiction, awaiting his federal sentencing hearing, was not designated by the BOP as federal custody and, therefore, Kramer is entitled to presentence credit for the 43 days. Kramer agrees with the People. Kramer concedes that he has been credited by the BOP with the time between his federal and state sentencing hearings and, therefore, he is not entitled to custody credit for that time. He agrees with the People that he is entitled to 43 days of actual custody credit under section 2900.5 for the time he was in custody, for which he was not previously credited. He also requests 43 days of conduct credit under section 4019. Kramer is not entitled to custody credit for his time in county jail after he began serving his federal sentence. The People have provided sufficient evidence that Kramer began serving his federal sentence on January 28, 2016, following his sentencing in federal court. The BOP has credited Kramer with the time Kramer was in county jail following his sentencing in federal court and awaiting sentencing in state court. Kramer is, however, entitled to presentence credit for the period he was in custody between his arrest on April 16, 2013, and his federal sentencing on January 28, 2016. The actual number of days between Kramer’s arrest and his federal sentencing is 1,017. He received 974 actual days of credit and 974 local conduct credit

4 for that period. He is entitled to an additional 43 days of actual custody credit for the time he was transferred to federal jurisdiction, awaiting his federal sentencing hearing, as he remained in custody for that period. (§ 2900.5.) To the extent Kramer seeks 43 days of local conduct credit, Kramer has not shown he was “confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp” during that period. (§ 4019, subd. (a).)

DISPOSITION

Kramer’s sentence is modified to reflect 1,017 days of custody credit (§ 2900.5). The Superior Court of Los Angeles County is directed to amend the abstract of judgment and forward a copy to the Department of Corrections and Rehabilitation. In all other respects the petition is denied.

NOT TO BE PUBLISHED.

CODY, J.

We concur:

YEGAN, Acting P. J.

BALTODANO, J.

5 Ronald S. Coen, Judge Superior Court County of Los Angeles ______________________________

Kristina L. Fox, for Petitioner. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael Keller, Supervising Deputy Attorney General, John Yang, Deputy Attorney General, for Respondent.

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