Gisbert

Introduction

The trial court awarded defendant Rene Gisbert 88 days of presentence custody credits after defendant pled guilty to second degree vehicle burglary. The court later granted the prosecution’s motion to vacate the credits, and defendant appeals from that postjudgment order.

The trial court had jurisdiction to entertain the prosecution’s motion because an unauthorized sentence may be corrected at any time. Defendant was not entitled to any presentence custody credits because he would not have been free of custody but for his incarceration while awaiting trial on the second degree vehicle burglary charge, as he was already committed to state prison in connection with an earlier burglary conviction. The award of presentence custody credits where credits were impermissible made the first sentence unauthorized. We therefore affirm the postjudgment order.

Statement of Facts and Procedural History

On September 9, 2010, defendant pled guilty to a felony count of second degree burglary (Pen. Code, §§ 459, 460, subd. (b)), and was sentenced to two years in state prison. (All further statutory references are to the Penal Code.)

*280 On December 1, 2010, the Orange…