In re Best

Petitioner, Roger Bruce Best, was arrested on August 23, 1982, charged with burglary, receipt of stolen property and three priors and kept in custody at the San Diego County Jail pending resolution of the case. While in jail petitioner pleaded guilty to possession of drugs (M418764) and was sentenced to 90 days; he also pleaded guilty to driving under the influence of alcohol (T854376) and was sentenced to 10 days. As to the present case (CR 59905), petitoner pleaded guilty to receiving stolen property on November 10, 1982 and on January 5, 1983 was sentenced to the middle term of two years. He was granted 33 days credit for presentence custody plus Penal Code section 4019 credit for good time. Petitioner contends meritoriously that all the days in excess of those actually spent in custody on cases M418764 and T854376 should be credited against his current sentence in CR 59905.

Before petitioner was sentenced on the present offense he spent 135 days in jail. During that time he served a sentence on the drug possession case of 90 days and a sentence on the driving under the influence case of 10 days. In total he completed 2 sentences totalling 100 days. The People suggest…