People v. Moore CA3

Filed 7/30/24 P. v. Moore CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C099398

Plaintiff and Respondent, (Super. Ct. Nos. 21F1703, 21CP04, 21F1693) v. ORDER MODIFYING JASON LEE MOORE, OPINION AND DENYING REHEARING Defendant and Appellant. CHANGE IN JUDGMENT

THE COURT: It is ordered that the opinion filed herein on July 12, 2024, be modified as follows:

1. On page 1, the last sentence in the first paragraph beginning with “We will remand” is deleted and replaced with the following sentence: We will affirm.

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2. On page 3, following the third sentence in the first paragraph beginning with “Defendant filed a timely” the following sentences are added: In February 2024, defendant wrote to the trial court requesting recalculation of custody credits, pursuant to People v. Buckhalter (2001) 26 Cal.4th 20, 37 [when a trial court resentences a defendant on remand, it must credit him with all actual days he spent in custody (whether in jail or prison) up to that time, including his time in custody after the original sentencing]. In March 2024, the trial court issued an amended abstract reflecting an additional 700 days of actual credit. 3. Again on page 3, the second full paragraph following the Discussion and beginning with “Our review of the record” is deleted in its entirety. 4. On page 4, the Disposition is deleted in its entirety and replaced with the following sentence: The judgment is affirmed.

This modification changes the judgment. Appellant’s petition for rehearing is denied.

FOR THE COURT:

/s/ HULL, Acting P. J.

/s/ DUARTE, J.

/s/ BOULWARE EURIE, J.

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Filed 7/12/24 P. v. Moore CA3 (unmodified opinion) NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.