Kunath

People v. Kunath

Good Law
138 Cal. Rptr. 3d 81·2012 Cal. App. LEXIS 194·203 Cal. App. 4th 906·2012 WL 579899
Court of Appeal of CaliforniaFebruary 23, 2012No. B232607California1,308 words

Opinion

Lead Opinion

Gilbert, J.

In People v. Bruner (1995) 9 Cal.4th 1178, 1180 [ 40 Cal.Rptr.2d 534 , 892 P.2d 1277 ], our Supreme Court cautioned that “difficult problems” arise when computation of presentence custody credits stem from multiple charges. When such computation does not involve postsentence custody, “difficult problems” are less likely to arise.

Here we decide that under Penal Code section 2900.5 (section 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. We reverse and remand for recalculation of presentence custody credits.

*909 FACTS

On September 17, 2010, John Allen Kunath was arrested for possession of a controlled substance for sale. (Health & Saf. Code, § 11378.) He was released on bond. A short time later, Kunath was arrested in an unrelated case for possession of a controlled substance and confined pending trial. (Id., § 11377, subd. (a).)

On January 4, 2011, Kunath pled guilty in both cases. On February 16, 2010, in a single sentencing hearing, the trial court sentenced Kunath to concurrent 16-month…

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