People v. McNorton CA2/6

FACTS AND PROCEDURAL HISTORY

In August 2019, McNorton pleaded no contest to kidnapping. (§ 207.) He also admitted one prior strike allegation (§§ 667, subds. (b)-(i), 1170.12) and two prior prison term allegations (§ 667.5, subd. (b)). The trial court sentenced him to 12 years in state prison (middle term of five years for kidnapping, doubled for the prior strike, plus two consecutive one-year terms for the prior prison enhancements). After he was sentenced, the Legislature passed section 1172.75, which provides: “Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5 . . . is legally invalid.” (§ 1172.75, subd. (a).) In March 2023, the trial court recalled McNorton’s sentence pursuant to section 1172.75. It struck the two invalid prior prison term enhancements (§ 667.5, subd. (b)) and resentenced McNorton to 10 years in state prison. The court issued an amended abstract of judgment directing the CDCR “to re-calculate credits.”

DISCUSSION

McNorton contends, and the Attorney General concedes, that the trial court erred in delegating recalculation of McNorton’s custody credits to the CDCR and that the court should have…