People v. Hauptman CA5

INTRODUCTION

Appellant and defendant Tyler Hauptman was convicted of first degree residential burglary and sentenced to state prison. In his first appeal, we remanded the matter for the trial court to consider whether it should exercise its discretion and strike the prior serious felony enhancement based on amendments to Penal Code1 section 667, subdivision (a), stay a concurrent term, and for the opportunity to raise any issues about the imposition of fines and fees, and otherwise affirmed. On remand, the trial court denied defendant’s motion to stay the enhancement, defendant did not raise any issues about the fines and fees, and the court stayed the concurrent term previously imposed. The court declined to recalculate defendant’s actual time in custody and deferred the calculation to the California Department of Corrections and Rehabilitation (CDCR). In this appeal, the parties agree the matter must again be remanded for the trial court to calculate his actual time credits.

FACTUAL AND PROCEDURAL BACKGROUND

On June 11, 2018, defendant was arrested after he was seen leaving an apartment that had just been burglarized. The resident’s stolen goods were found three feet away…