People v. Wakefield CA1/1

I. BACKGROUND

Because the facts underlying defendant’s convictions are irrelevant to the issue raised on appeal, we do not summarize them, and instead incorporate by reference our opinion in the prior appeal, People v. Wakefield (Nov. 23, 2020, A158164) [nonpub. opn.] (Wakefield I). In the underlying case, defendant was convicted of first degree murder (Pen. Code,2 § 187, subd. (a); count 1); attempted first degree murder (§§ 187, subd. (a), 664; count 2); one count of felony child abuse (§ 273a, subd. (a); counts 3); and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 5). He was also convicted of one count of misdemeanor child abuse. (§ 273a, subd. (b); count 4.) Defendant was sentenced to an aggregate term of 79 years to life, plus a consecutive term of 180 days for count 4. At the original sentencing hearing, the trial court calculated defendant’s credits as follows: Beginning with count 4, the trial court ordered “the 180 days sentence of 90 actual plus 90 [section] 4019 for a total of 180 days.” As to counts 2, 3, and 5, the court ordered “1,751 actual plus 262 pursuant to [section] 2933.1 for a total of 2,013 days toward his…