People v. Smith CA3

BACKGROUND

The substantive facts underlying defendant’s convictions are irrelevant to our decision and are therefore not recounted. We summarize the procedural background below. Defendant was sentenced to a total of eight years in state prison for three unrelated cases at the same sentencing hearing. His prison term includes a principal term of six years eight months in case No. 18F2030, plus a consecutive term of one year four months in case No. 16F7720, and a concurrent term of two years in case No. 15F6116. As pertinent here, the trial court awarded 1,624 days of custody credit in case No. 15F6116. However, the clerk’s minute order and abstract of judgment do not reflect any credits in case No. 15F6116. Defendant timely appealed and his request for a certificate of probable cause was granted. While this appeal was pending, defendant filed an ex parte motion pursuant to Penal Code section 1237.1 to correct the error in awarding credits in the trial court. When the briefs in this case were filed, the trial court had not yet responded to defendant’s motion.

DISCUSSION

Defendant contends the trial court erred in failing to award him custody credits in case No. 15F6116. He claims…