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Case Summaries

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Discretion, Sentencing, Standard of review

Case: 000230

Posted on by Gary McCurdy

Error and/or relief

At the defendant’s hearing on the recall of his sentence under section 1172.75, the court failed to recalculate his custody credits upon resentencing. We direct the trial court to correct the custody credits in the resentencing minute order and the abstract of judgment.

First Holding:

Everyone sentenced to prison for criminal conduct is entitled to credit against his term for all actual days of confinement solely attributable to the same conduct. When a defendant is imprisoned and later resentenced, the sentencing court must recalculate and credit against the modified sentence all actual time the defendant has already served, whether in jail or prison, and whether before or since he was originally committed and delivered to prison custody.

Authority:

PEN 2900.5

People v. Buckhalter (2001) 26 Cal.4th 20, 29-30, 37

Second Holding:

We review a trial court’s decision not to strike a prior felony conviction for abuse of discretion. It is the defendant’s burden on appeal to show that the sentencing decision was irrational or arbitrary. Absent such a showing, the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review. In addition, we will not reverse a trial court’s sentencing decision merely because reasonable people might disagree. An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.

Authority:

People v. Carmony (2004) 33 Cal.4th 367, 371, 376-377

Appellate Principles, Jurisdiction

Case: 000229

Posted on by Gary McCurdy

Error and/or relief

Petitioner seeks permission to file a belated notice of appeal under the doctrine of constructive filing. The People have voiced no opposition. Granted.

First Holding:

Petitioner is granted leave to file a notice of appeal on or before 60 days from the date of this order. The clerk of the superior court is to treat it as timely filed, and to proceed with the preparation of the record on appeal in accordance with the applicable rules of the California Rules of Court if the clerk of that court receives said request on or before 60 days of the date of this order.

Authority:

In re Benoit (1973) 10 Cal.3d 72

Second Holding:

(GARY NOTE: the second, third, fourth, fifth, and sixth holdings and their authorities are provided by GARY and did not appear in the opinion, but are important enough to mention in the context of the filing of a notice of appeal. The summary for Case 000085 contains a more thorough discussion of the Benoit rule regarding what would otherwise be untimely filings of the notice of appeal.)

Where a defendant is incarcerated and has requested his attorney to file a notice of appeal within the time to file a notice, the court may deem the otherwise late notice of appeal to have been constructively filed timely. The Attorney General’s concession on behalf of the People is deemed to constitute an agreement that the requested relief ought to be granted without further proceedings

Authority:

In re Benoit (1973) 10 Cal.3d 72, 81–82

People v. Romero (1994) 8 Cal.4th 728, 740, fn. 7

Third Holding:

In felony cases, a notice of appeal and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed. Except as provided in rule 8.66 [which deals with when catastrophes happen], no court may extend the time to file a notice of appeal.

Authority:

Rules of Court, rule 8.308

Fourth Holding:

In misdemeanor cases, the notice of appeal under this article must be filed within 30 days after the rendition of the judgment or the making of the order being appealed.

Authority:

Rules of Court, rule 8.393

Fifth Holding:

As used in rule 8.304(a)(1) regarding the filing of a notice of appeal in the superior court in a felony case, “felony case” means any criminal action in which a felony is charged, regardless of the outcome. A felony is “charged” when an information or indictment accusing the defendant of a felony is filed or a complaint accusing the defendant of a felony is certified to the superior court under Penal Code section 859a. A felony case includes an action in which the defendant is charged with: (A) A felony and a misdemeanor or infraction, but is convicted of only the misdemeanor or infraction; (B) A felony, but is convicted of only a lesser offense; or (C) An offense filed as a felony but punishable as either a felony or a misdemeanor, and the offense is thereafter deemed a misdemeanor under Penal Code section 17(b).

Authority:

Rules of Court, rule 8.304(a)(2)

Sixth Holding:

An untimely notice of appeal divests the appellate court of jurisdiction to hear the appeal.

Authority:

In re G.C. (2020) 8 Cal.5th 1119

People v. Mendez (1999) 19 Cal.4th 1084, 1094 [An untimely notice of appeal is wholly ineffectual. The delay cannot be waived, it cannot be cured by nunc pro tunc order, and the appellate court has no power to give relief, but must dismiss the appeal on motion or on its own motion.]

Jurisdiction, Probation Parole PRCS, Sentencing

Case: 000228

Posted on by Gary McCurdy

Error and/or relief

The defendant pleaded no contest to felony reckless evasion of a peace officer in a motor vehicle and misdemeanor driving with a prohibited blood alcohol concentration. The trial court granted probation for a period of three years. More than two years later, the defendant violated his probation, and the court imposed a felony prison term. The court lacked authority to impose a felony sentence because his violation of probation occurred after the first two years of the probationary term. We reverse the judgment and remand for resentencing.

Holding:

AB 1950 amended Penal Code sections 1203a and 1203.1 to restrict the length of most probation terms. (Stats. 2020, ch. 328, secs. 1, 2.) Effective January 1, 2021, misdemeanor probation terms are generally limited to one year and felony probation terms are generally limited to two years (sec.1203.1(a)). Exempt from these limits are offenses that ‘include specific probation lengths within their provisions.

Authority:

PEN 1203a

PEN 1203.1

AB 1950

People v. Saxton (2021) 68 Cal.App.5th 428, 431

Duty of the court, Sentencing

Case: 000227

Posted on by Gary McCurdy

Error and/or relief

On resentencing the defendant under section 1172.75, the trial court erred in its calculation of his custody credits. The court awarded custody credit of 461 days, the amount of custody credit listed on the defendant’s original abstract of judgment from 2012. The matter is remanded to the trial court to recalculate the defendant’s custody credits; the court shall amend the abstract of judgment accordingly.

Holding:

When a prison term already in progress is modified, the sentencing court must recalculate and credit against the modified sentence all actual time the defendant has already served. As stated in section 2900.5, it is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to that section. The total number of days to be credited shall be contained in the abstract of judgment provided for in section 1213.

Authority:

PEN 2900.5

People v. Buckhalter (2001) 26 Cal.4th 20, 29

People v. Dean (2024) 99 Cal.App.5th 391, 396 [resentencing courts must recalculate actual time served]

Racial Justice Act

Cases: 000224 – 000226

Posted on by Gary McCurdy

Error and/or relief

(GARY NOTE: There were three nearly identical petitions filed on the same day out of the same Court of Appeal in different cases. Each summary, therefore, is identical, and the three cases are summarized here in this single summary.)

In this writ proceeding, the petitioner challenges the summary denial of his request for discovery under the California Racial Justice Act of 2020 (RJA). He made the request in conjunction with a petition for a writ of habeas corpus, but the trial court ruled RJA discovery is not permitted in that context unless the petitioner first makes a prima facie showing for habeas relief. Because he did not make such a showing, the court summarily denied his discovery request without addressing its merits. While his challenge to that ruling was pending in this court, the Legislature amended the RJA effective January 1, 2026. Designed to expand access to RJA discovery, AB 1071 allows defendants to seek such discovery when they file a petition for writ of habeas corpus, or in preparation of filing such a petition. Because AB 1071 does not condition access to RJA discovery on a prima facie showing for habeas relief, we grant his petition for a writ of mandate. We direct the trial court to vacate its order summarily denying his request for discovery and remand for the court to consider the merits of that request.

First Holding:

Under amendments effective January 1, 2026, the RJA allows defendants to seek discovery when they file a petition for writ of habeas corpus, or in preparation of filing such a petition. Because the amendment does not condition access to RJA discovery on a prima facie showing for habeas relief, the trial court must consider the merits of the discovery request.

Authority:

AB 1071

PEN 745

Second Holding:

The RJA was enacted in 2020 with a stated aim to eliminate racial bias from California’s criminal justice system and to ensure that race plays no role at all in seeking or obtaining convictions or in sentencing. To that end, the RJA prohibits the state from seeking or obtaining a criminal conviction, or seeking, obtaining, or imposing a sentence, on the basis of race, ethnicity, or national origin.

Authority:

People v. Wilson (2024) 16 Cal.5th 874, 944–945

Third Holding:

Under the RJA, an incarcerated defendant whose judgment is final may bring a claim for relief under the Act by filing a petition for writ of habeas corpus. The defendant may also file a motion requesting disclosure of all evidence relevant to a potential violation of the RJA in the possession or control of the state. Upon a showing of good cause, the court shall order the records to be released.

Authority:

PEN 745