People v. Costa CA3

DISCUSSION

Costa’s appointed counsel has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Costa was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. We have not received any communication from him. Having reviewed the record, it appears the trial court failed to award Costa full custody credits in both case Nos. 647 and 794 after each of Costa’s first two probation violations. (§ 2900.5; People v. Bruner (1995) 9 Cal.4th 1178, 1192, fn. 9; People v. Kunath (2012) 203 Cal.App.4th 906, 908 [“under [§ 2900.5], when concurrent sentences are imposed at the same time for unrelated crimes, the defendant is entitled to presentence custody credits on each sentence, provided he is not also in postsentence custody for another crime”].) It also appears the court only credited Costa with 45 actual days following his arrest for the third probation violation, when in fact he served 48 days. The court is required to credit Costa with all actual days he spent in custody. (§ 2900.1;

3 People v. Buckhalter (2001)…