People v. Phoenix

Defendant Ronald George Phoenix was convicted of crimes in Sacramento County and Yolo County. He was originally sentenced to 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), and California Rules of Court, rule 4.452.

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

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…