People v. Gisbert
205 Cal. App. 4th 277
| Cal. Ct. App. | 2012Background
- Defendant Rene Gisbert pled guilty to second degree burglary and was sentenced to two years in state prison.
- A separate second case for second degree vehicle burglary was charged; the crime date was June 10, 2010.
- Defendant pled guilty in the second case on April 19, 2011 and was sentenced the same day to 16 months concurrent with the first sentence.
- The trial court awarded 88 days of presentence custody credits in the second case over the prosecutor’s objection.
- The prosecution later moved to vacate the credits; the court vacated them and issued an amended abstract showing zero presentence credits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the credits in the second case an authorized sentence? | AG asserts credits could be corrected as an unauthorized sentence. | Gisbert contends the court had discretion to award presentence credits. | Credits deemed unauthorized; correction proper |
| Does 2900.5 bar duplicate credits where defendant is imprisoned on an earlier crime? | Credit should be limited to one accrual across offenses; no duplicative credit. | Credit allocation depends on multiple offenses and proceedings; not duplicative. | Credit not entitled when incarcerated for later crime; no duplicative credit |
| Can the trial court correct an unauthorized sentence after execution has begun? | Unauthorized sentences can be corrected at any time. | Discretion to award credits does not render sentence unauthorized. | Court has jurisdiction to correct unauthorized sentence at any time |
| Does Joyner-style causation apply to deny presentence credits when defendant would not have been free but for a later hold? | Joyner strict causation applies; no free period but for current hold. | Credit should be available based on entitlement under statute and facts. | Joyner-like causation applies; no free period but for current detention |
Key Cases Cited
- People v. Karaman, 4 Cal.4th 335 (Cal. 1992) (limits on trial court resentence after execution begins)
- People v. Taylor, 119 Cal.App.4th 628 (Cal. App. 2004) (unauthorized sentences may be corrected)
- People v. Acosta, 48 Cal.App.4th 411 (Cal. App. 1996) (statutory interpretation of presentence credits)
- People v. Bruner, 9 Cal.4th 1178 (Cal. 1995) (credit when multiple offenses and concurrent/consecutive sentences)
- In re Joyner, 48 Cal.3d 487 (Cal. 1989) (causation for presentence custody credits)
- People v. Scott, 9 Cal.4th 331 (Cal. 1994) (definition of unauthorized sentence and mandatory provisions)