People v. Montue CA3

BACKGROUND

The relevant facts and procedural background underlying defendant’s convictions are not relevant to the issue on appeal and are not recounted here. Originally, the trial court sentenced defendant on counts one and two to two terms of 50 years to life, plus five years each for the prior conviction. The court imposed a single $10,000 restitution fine. The court also imposed a $40 court operations fine and a $30 criminal conviction assessment on each count. At the resentencing hearing, defense counsel argued the court should recalculate defendant’s presentence custody credits. Relying on the probation report, counsel indicated defendant was entitled to a total of 2,093 days of credit, 1,820 days of actual credit and 273 days of conduct credit. The court declined to recalculate defendant’s presentence custody credits or have those credits reflected in the abstract of judgment, based on its understanding that California’s Department of Corrections and Rehabilitation would determine the custody credits. Accordingly, the court indicated defendant had presentence custody credits of 886 days. The sentence on count one remained “undisturbed.” As to count two, the court imposed…