Thornburg

*1175 Opinion

When a sentence imposed under the “Three Strikes” law is reversed and the cause remanded for resentencing in light of the Supreme Court’s holding in People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ], and the trial court exercises its discretion by not striking the prior conviction(s) for sentencing, must it recalculate defendant’s custody credits and issue an amended abstract of judgment? We hold that the trial court must calculate the actual number of days defendant spent in custody, whether in jail or prison, add Penal Code section 4019 conduct credits and issue an amended abstract of judgment. (All further statutory references are to the Penal Code.) Credits for good behavior and work accrued while in prison are to be calculated by the California Department of Corrections (CDC).

Discussion

Paul Ian Thornburg was convicted of possession of a controlled substance and found to have been previously convicted of a serious felony within the meaning of sections 667, subdivisions (b) through (i) and 1170.12, the Three Strikes law. On appeal, we affirmed the conviction, but remanded the matter for a new sentencing hearing…