People v. Gordon CA1/2

Filed 9/25/24 P. v. Gordon CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A166454

v. (Contra Costa County Super. ROY GORDON, Ct. No. 5001520899) Defendant and Appellant.

Defendant Roy Gerald Gordon appeals his sentence imposed after remand for resentencing. He argues remand is required to allow the trial court to exercise its discretion under Senate Bill No. 81 (2021-2022 Reg. Sess.) (S.B. 81), a law that had been in effect for almost nine months when he was sentenced. We reject this argument, but we agree with the parties that the trial court erred in failing to recalculate his custody credits at resentencing. Accordingly, we…