People v. James CA2/6

Filed 9/16/24 P. v. James CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B330267 (Super. Ct. No. 1308167) Plaintiff and Respondent, (Santa Barbara County)

v.

LANGFORD JAMES, JR.,

Defendant and Appellant.

Langford James, Jr. appeals a judgment following a 2023 resentencing hearing. (Pen. Code,1 §§ 1172.7, 1172.75.) In 2009, James was convicted of residential burglary (§ 459), spousal battery (§ 273.5, subd. (a)), making criminal threats (§ 422), attempted criminal threats (§§ 664, 422), four counts of dissuading a victim (§ 136.1, subd. (c)(1)), with findings that he had a prior serious felony strike conviction and served two prior prison terms. (§§ 667, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b); People v. James (Mar. 8, 2011,

1 All statutory references are to the Penal Code.

B221811) [nonpub. opn.].) The trial court sentenced him to an aggregate 38 years four months in prison. In 2011, we affirmed the judgment. In 2023, the trial court resentenced him to an aggregate 25 years four months and denied his request to strike his 1989 robbery conviction. We conclude: 1) the trial court did not abuse its discretion by not striking the robbery conviction, but 2) the court erred by not calculating James’s custody credits. We remand to the trial court to calculate his custody credits, and we otherwise affirm. FACTS James was married to Tammi. In October 2008, James walked through the house striking a kitchen pot threatening to “beat [Tammi’s] head until the white meat of [her] brain showed.” He threatened to “bury” anyone who called police. (People v. James, supra, B221811.) James and Tammi separated, and he left the house. Tammi was the sole signatory on the lease. On December 10, 2008, James returned and met Tammi outside the house. They argued and he spit on Tammi and “socked’ her in the face. She ran to the residence and pushed against the door to prevent James from entering. He entered, pushed Tammi against the wall, and pulled her hair. (People v. James, supra, B221811.) While in jail, James made four calls to “Melvin.” During these conversations, James said, “Something need[s] to be done to that bitch dog,” and “I need somebody to go over there and talk to that bitch.” James said, “I’m a [sic] kill that bitch,” she “a done [sic] daughter,” and she “better come tell [those] people she [is] lying.” He urged Melvin to “[g]o on over there and see what she say[s].” Melvin said he would do “whatever [he has] to do.” In a later conversation, Melvin said, “[A]in’t [sic] nobody supposed to