Error and/or relief
Remand for resentencing is required because (1) the trial court erred by failing to impose and then stay execution of the sentence on the great bodily injury enhancement under Penal Code section 12022.7, subdivision (a); and (2) the trial court erred in failing to resentence the defendant to a single aggregate term of imprisonment for this case and another case for which he is serving a term of 24 years. We accept the People’s concession and remand the matter for resentencing.
First Holding:
At sentencing, the trial court did not orally pronounce a sentence for the infliction of great bodily injury enhancement. The matter is accordingly remanded for the trial court to impose and stay execution of the three-year sentence on the Penal Code section 12022.7(a) enhancement.
Authority:
People v. Gonzalez (2008) 43 Cal.4th 1118, 1127-1130
Second Holding:
When a defendant is convicted of multiple crimes in different cases and a consecutive term of imprisonment is imposed, the aggregate term for those cases is the sum of the principal term and subordinate term. In this instance, the trial court did not impose a single aggregated term. We will therefore remand for the trial court to do so.
Authority:
PEN 1170.1
Rules of Court, rule 4.452 [setting forth the procedure for imposing consecutive sentencing under PC 1170.1]
Third Holding:
During resentencing, the trial court shall award the appropriate custody credits for the aggregate term. [Gary note: the court cited no authority on the recalculation of credits, likely because the error is so obvious. But I have listed the statute and a leading case below.]
Authority:
PEN 2900.1
People v. Buckhalter (2001) 26 Cal.4th 20, 29, 37 [Having modified defendant’s sentence on remand, the court was obliged, in its new abstract of judgment, to credit him with all actual days he had spent in custody, whether in jail or prison, up to that time]