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Case Summaries

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Sentencing

Case 000652

Posted on by Gary McCurdy

Error and/or relief

The court failed to give the defendant credit for time served while in custody on this matter in another state.

First Holding:

The defendant was entitled to credit against his sentence for all actual days of presentence custody, beginning on the day of his arrest and continuing through the day of sentencing. Defendant was taken into custody in another state, where he was held for 13 days before his arrival in California. He is entitled to credit for that time.

Authority:

People v. Rajanayagam (2012) 211 Cal.App.4th 42, 48

Sentencing

Case 000651

Posted on by Gary McCurdy

Error and/or relief

It was error for the court to impose a term of 25 years to life for the murder (doubled to 50 years to life because of a prior strike) and two terms oflife without the possiblity of parole (LWOP) for the murder because of true findings on two separate special circumstance, even though the court stayed the 50 years to life term and one of the LWOP terms.

First Holding:

Once a defendant has been found guilty of first degree murder and an accompanying special circumstance allegation under section 190.2 has been found true, the penalty is death or imprisonment in the state prison for life without the possibility of parole. A special circumstance finding removes the possibility of penalty less than life without parole. Thus, the trial court’s imposition and stay of the 50-years-to-life sentence on the murder count was unauthorized and must be stricken.

Authority:

PEN 190.2(a)

People v. Noble (1981) 126 Cal.App.3d 1011, 1016

Second Holding:

Appellate court can correct a legal error resulting in an unauthorized sentence at any time.

Authority:

People v. Sanders (2012) 55 Cal.4th 731, 743, fn. 13

Third Holding:

The defendant should not have received two life without parole sentences based on the two special circumstance findings. Under section 190.2(a), a defendant is sentenced to death or life imprisonment without parole if one or more of the enumerated special circumstances has been found true. Defendants do not receive additional punishment based on additional special circumstance findings.

Authority:

People v. Montes (2014) 58 Cal.4th 809, 874 [a defendant faces no additional punishment merely as a result of additional special circumstance finding]

Abstracts and Minutes

Case 000650

Posted on by Gary McCurdy

Error and/or relief

The trial court, at resentencing, orally awarded the defendant credit for time served from his arrest to the date of resentencing, but those credits do not appear on the abstract of judgment. The abstract must be corrected.

First Holding:

[GARY Note: The court cited no authority for ordering that the abstract of judgment be corrected (probably because it is so obvious), but there is much authority that it could have cited, such as what I’ve laid out below.]

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185 [courts may correct clerical errors at any time

People v. Gobert (2023) 89 Cal.App.5th 676, 689

People v. Scott (2012) 203 Cal.App.4th 1303, 1324

People v. Clark (2021) 67 Cal.App.5th 248, 260–261

People v. Delgado (2008) 43 Cal.4th 1059, 1070

People v. Leon (2020) 8 Cal.5th 831, 855

In re Black (1967) 66 Cal.2d 881, 890

People v. Zackery (2007) 147 Cal.App.4th 380, 385

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

Amelioration, Fines and fees, Sentencing

Case 000649

Posted on by Gary McCurdy

Error and/or relief

In 2025, the trial court resentenced defendant pursuant to section 1172.75—striking the two prior prison term enhancements—and otherwise reimposed the prior judgment from 1996, including a $10,000 restitution fine. The trial court erred by reimposing the restitution fine and it must be vacated.

First Holding:

Section 1465.9(d) provides: “Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.” Resentencing does not reset the 10-year expiration of a section 1202.4 restitution fine.

Authority:

PEN 1465.9(d)

People v. Salstrom (2025) 117 Cal.App.5th 596, 600-601, review granted on other grounds Mar. 11, 2026, S295038

Abstracts and Minutes

Case 000648

Posted on by Gary McCurdy

Error and/or relief

The trial court must correct the minute order to accurately reflect that the defendant was committed under section Welfare and Institutions Code section 6500(c)(3) rather than under section 6500(c)(1) as shown in the minute order.

Holding:

A commitment under WIC 6500(c)(1), as erroneously reflected in the minute order, is for one year. A commitment under WIC 6500(c)(3), as ordered by the court, is for six months. Any variance between the oral pronouncement of judgment and the minute order or abstract of judgment is presumed to be clerical error, and the oral pronouncement controls. Courts have the authority to correct such clerical errors at any time.

Authority:

WIC 6500

People v. Mesa (1975) 14 Cal.3d 466, 471

People v. Mitchell (2001) 26 Cal.4th 181, 186–187