P. v. Greer
Defendant and appellant Donald Greer (defendant) pleaded no contest to charges of possession of a deadly weapon and possession of a controlled substance. After a lengthy delay, the trial court sentenced defendant to six years in state prison and awarded him 394 days of presentence custody credit. The trial court also issued a certificate of probable cause allowing defendant to challenge his sentence on appeal.
After reviewing the entire record, we requested that the parties file letter briefs addressing only the presentence custody credit issue raised by defendants supplemental brief. Court have reviewed the letter briefs filed by the parties, including the documents submitted with defendants request for judicial notice, and hold that the trial court properly denied presentence custody credit for the period defendant was also remanded to custody in a subsequent, unrelated case. Court further hold, however, that the trial court erroneously awarded defendant presentence custody credit for the period of time between his sentencing in the unrelated case and the sentencing in this case. We therefore reverse the award of presentence custody credit and remand this case to the trial court with instructions to amend the abstract of judgment to reflect the correct amount of presentence custody credit.
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