People v. Smith CA3

Filed 9/9/24 P. v. Smith CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yuba) ----

THE PEOPLE, C099739

Plaintiff and Respondent, (Super. Ct. No. CRF14-0000397)

v.

JIMMY DON SMITH,

Defendant and Appellant.

Defendant Jimmy Don Smith appeals from his October 2023 resentencing for unlawful sexual intercourse and digital penetration. He argues the trial court abused its discretion in failing to dismiss his prior strike and in failing to recalculate his custody credits. We will order recalculation of custody credits and otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In May 2014, the victim, who had moderate mental disabilities, lived in her own apartment with assistance. At the time of the incident, a…