Gonzalez

Defendant Regino Gonzalez appeals from his convictions for possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)), auto theft (Veh. Code, § 10851, subd. (a)), and misdemeanor resisting or obstructing a public officer (§ 148, subd. (a)(1)). At the time he committed these offenses, defendant was on probation for domestic violence. His probation was subsequently revoked. While awaiting trial in the instant action, defendant was charged with assaulting a fellow inmate. The instant action went to trial. The other two cases were resolved by plea. The three cases were consolidated for the purpose of sentencing. Defendant remained in custody throughout the proceedings.

At the time sentence was imposed, the court awarded custody credits in the domestic violence and the inmate assault cases, but not in this case. Defendant contends the trial court erred in not awarding custody credits in this case and that some of the credits awarded in the domestic violence case should be reallocated to this case. He argues the court’s failure to allocate any of the credits to this case resulted in a loss of 315 days of custody credits. We agree that custody credit should be…