People v. Gonsalves CA1/2

DISCUSSION

Gonsalves argues his sentence must be vacated and the matter remanded for a full resentencing because the trial court was unaware of the limits that had been placed on its sentencing discretion by amendments to section 1170 that became effective after the initial sentencing hearing. In response, the Attorney General preliminarily represents that Gonsalves is no longer in custody and asserts Gonsalves’s challenge to his three-year concurrent sentence for attempted criminal threats is moot. We address the threshold issue of mootness before discussing the merits of Gonsalves’s contentions.

I. Mootness

The Attorney General acknowledges that Gonsalves’s challenge to his four-year sentence for possessing a firearm as a felon is not moot because “a reduction in his sentence could result in excess custody credits, which could be applied to fines and fees.” However, the Attorney General then argues

3 Gonsalves’s three-year concurrent sentence for attempted criminal threats is moot because Gonsalves cannot receive custody credits “for time that he was required to serve on the four-year felon in possession conviction.” While we agree with the Attorney General that custody…