California Court of Appeal

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People v. Gisbert, G045619

The trial court's grant of the prosecution's motion to vacate 88 days of presentence custody credits is affirmed, where: 1) the trial court had jurisdiction to entertain the prosecution's motion, because an unauthorized sentence may be corrected at any time; 2) the 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 a second degree vehicle burglary charge, as he was already committed to state prison in connection with an earlier burglary conviction; and 3) the award of presentence custody credits where credits were impermissible made the first sentence unauthorized.

Appellate Information

  • Decided 04/24/2012
  • Published 04/24/2012


  • Fybel


  • California Court of Appeal


  • For Appellant:
  • Matthew Missakian, Melissa Mandel

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