Petitioner Lawrence Earl Nadeau (also known as Larry Nadeau) is currently in the custody of respondent, the warden of the California Department of Corrections and Rehabilitation (CDCR). Starting in 1998, petitioner began serving an indeterminate prison term following a conviction of attempted murder in Imperial County. While serving that sentence in prison he incurred subsequent convictions, resulting in additional determinate judgments in 2009 in Lassen County and in 2019 in Kern County. In 2020, however, petitioner’s attempted murder conviction from Imperial County was vacated and, retroactively, he was deemed to have fully served that judgment as of 2004.
Once the judgment from Imperial County was retroactively deemed served, CDCR assigned December 30, 2017, as the starting point for petitioner’s remaining prison term. This date is when petitioner committed his most recent offense from Kern County, which is the principal term on his remaining judgment (the 2009 conviction from Lassen County became the subordinate term in the 2019 judgment).
Petitioner has been in constant custody since 1998, but he is currently not receiving any credit for his time served through December 30, 2017. He argues that, following completion of his judgment from Imperial County, he is entitled to custody credits starting June 11, 2009, which is the day he was sentenced to prison in the case from Lassen County. We agree because our high court’s opinion in In re Marquez (2003) 30 Cal.4th 14 (Marquez) establishes that petitioner is entitled to the requested relief. We will grant the petition and direct respondent to give custody credit to petitioner commencing June 11, 2009.
BACKGROUND
I. Petitioner’s Penal History.
Petitioner’s penal history is crucial to resolving the present writ. We summarize in chronological order his prior criminal judgments. We also explain how CDCR has determined petitioner’s current period of incarceration.
A. The judgment in 1998 from Imperial County.
In 1998, petitioner was sentenced to prison for life with the possibility of parole.
