People v. Titterington CA3

BACKGROUND

A jury found defendant guilty of three counts of lewd and lascivious acts on a child under the age of 14 years (counts 1 through 3; Pen. Code, § 288, subd. (a)),1 and

____________________________________________________________________ Further undesignated statutory references are to the Penal Code.

1 one count of oral copulation on a child under the age of 10 years (count 5; § 288.7, subd. (b)). (People v. Titterington (Aug. 20, 2013, C069994) [nonpub. opn.] slip. opn. p. 1.) The trial court sentenced him to an indeterminate term of 15 years to life on count 5, plus an aggregate determinate term of 12 years on counts 1 through 3. (Id. at p. 2.) On appeal, we reduced count 5 to a violation of section 288a, subdivision (c)(1) and remanded for resentencing on all counts. (Id. at pp. 3-7.) On remand, the trial court resentenced defendant to an aggregate term of 14 years in state prison. Defendant asked for 1,063 days of actual credit and 159 days of conduct credit. The People protested (incorrectly, as we discuss post) that defendant was only entitled to six additional days of actual credit and that anything more was “within the purview of the Department of…