Ayon

*1116 Opinion

This matter originally was submitted by appellant’s .court-appointed counsel for review pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ]. The court directed the parties to file supplemental briefs concerning appellant’s entitlement to further credits for presentence custody. We hold that appellant is entitled to additional credits. We remand for redetermination of these credits and for resentencing.

Facts

Sotero Ayon was arrested for cultivating marijuana. He was referred to a diversion program and prosecution was suspended. After Ayon repeatedly failed to appear for a diversion review hearing, the criminal proceedings were reinstated and a warrant for his arrest issued.

In the meantime, the diversion classes had been ineffective—Ayon was arrested when he delivered about two pounds of cocaine to an undercover officer. This arrest occurred on July 22, 1986. The arrest warrant on the cultivation charge was apparently executed the same day. Ayon eventually entered a guilty plea to the charge of transporting cocaine (Health & Saf. Code, § 11352) with an arming enhancement (Pen. Code, § 12022, subd. (a))-

Ayon was in custody in…