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People v. Phoenix

California Court of Appeals, Third District, Yolo

November 24, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
RONALD GEORGE PHOENIX, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Yolo County No. 095501, Timothy L. Fall, Judge.

Page 1120

COUNSEL

Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MURRAY, J.

Defendant Ronald George Phoenix was convicted of crimes in Sacramento County and Yolo County. He was originally sentenced to

Page 1121

prison in the Sacramento County case. The Yolo County trial court resentenced defendant on the Sacramento case and consolidated the sentences as required by Penal Code sections 669 and 1170.1, subdivision (a), [1] and California Rules of Court, rule 4.452.[2]

Defendant’s sole contention is that the Yolo County trial court erred when it refused to calculate custody credits in the Sacramento case for the time he spent in custody before he was sentenced on the Yolo County case. The People contend that Sacramento County should make the calculation.

We reverse and remand the matter to the Yolo County court to recalculate defendant’s credits on both the Sacramento County and Yolo County cases.

PROCEDURAL BACKGROUND[3]

Proceedings in the Sacramento and Yolo County Cases

The only document in the record that provides information concerning the Sacramento County case is the abstract of judgment from that case. The abstract shows that on December 10, 2008, defendant was sentenced in the Sacramento case to 32 months in prison for a conviction of grand theft with an admission of a prior strike. Defendant was awarded 12 days presentence credit (eight days actual, four days conduct) as of December 10, 2008. The abstract reads as if execution of sentence was stayed until February 24, 2009, but neither the abstract nor any other official document in the record reflects what occurred in the Sacramento County case on or after that date.

On October 26, 2009, defendant was not in custody on the Sacramento County case. On that day, he was arrested after he was caught shoplifting at a store in Yolo County and then released on bail. He appeared for arraignment on November 25, 2009, but failed to appear on the next scheduled date, December 18, 2009.

From state prison, defendant demanded a speedy trial on the Yolo County case in a section 1381 demand dated January 25, 2010.

On February 5, 2010, while defendant was serving his state prison sentence on the Sacramento case, the Yolo County trial court issued an order for

Page 1122

defendant’s removal from prison to address the charges in the Yolo case. On March 15, 2010, defendant appeared in the Yolo County trial ...


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