Domenzain

[Opinion certified for partial publication. 1 ]

Opinion

—A jury convicted Manuel Lawrence Domenzain, Jr., of first degree burglary (Pen. Code, § 459) 2 and grand theft. (§ 487, subd. 1.) In People v. Domenzain (Mar. 7, 1983) 4 Crim. 13902 [unpub. opn.] we affirmed the convictions but remanded the case for resentencing. On December 12, 1983, the court resentenced Domenzain to the upper term of six years for the burglary with a concurrent sentence of three years for the grand theft. Domenzain received credit of 1,399 days for time spent in custody including 847 days actual local time plus 552 local conduct credits. Domenzain appeals on three sentence related grounds. We reject Domen-zain’s principal argument that the court’s failure to resentence him within 60 days under section 1382 requires dismissal of his case. We agree, however, that the court’s postjudgment ex parte reduction of his sentence credits was improper. Accordingly, we remand for resentencing proceedings consistent with this opinion..

I

Domenzain first says his case should be dismissed because he was not timely resentenced under section 1382. 3 That section provides that following an appeal, absent good cause to…