Lathrop

Charles Philip Lathrop appeals the trial court’s denial of presentence credits in imposing a 16-month prison sentence for his drunk driving conviction. We affirm the judgment of conviction, but remand to allow a proper award of credits.

On May 17, 1991, Lathrop was arrested in Riverside County on an assault charge and bail was set at $20,000. The same day, Orange County placed a “hold” on him for this case, and bail was set at $10,000. On October 28, Lathrop was transported to Orange County jail. The Riverside case was deferred pending resolution of this case.

On January 14, 1992, Lathrop pleaded guilty on this case and the trial court sentenced him to 16 months in prison. The court refused to award any presentence custody credits, reasoning, “Mr. Lathrop is not entitled to any credit in the Orange County case, because he’s been in custody in the Riverside case. And, in fact, when the Riverside court sentences him, if the Riverside court sentences him, he will then be entitled to custody from the time of his arrest, until the time of his sentence.”

Discussion

Penal Code section 2900.5, subdivision (a) provides, in pertinent part, that “when [a] defendant has been in…