People v. Keukelaar CA3

Filed 12/18/24 P. v. Keukelaar CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C100288

Plaintiff and Respondent, (Super. Ct. No. 22CF05616)

v.

CARLOS RUBEN KEUKELAAR, JR.,

Defendant and Appellant.

Defendant Carlos Ruben Keukelaar, Jr., appeals from a judgment after he was resentenced in Los Angeles County Superior Court, case No. NA112249-01 (case No. 49- 01) in conjunction with his sentencing in Butte County Superior Court, case No. 22CF05616 (case No. 616). Keukelaar’s sole contention on appeal is that the abstract of judgment filed on December 1, 2023, failed to include his custody credits from case No. 49-01. On appeal, Keukelaar asks this court to order the trial court to correct the abstract of judgment to include those credits. The People concede the error and agree with the remedy sought.

1

Keukelaar’s appellate counsel sought correction of this asserted error in the trial court in accordance with Penal Code section 1237.1,1 thus allowing him to bring this issue on appeal. We consider the issue, accept the People’s concession, and will direct the trial court to correct the abstract of judgment. BACKGROUND In 2023, Keukelaar was convicted of driving under the influence (Veh. Code, § 23152, subd. (a)) and bribing an executive officer (Pen. Code, § 67) in case No. 49-01. In June 2023, the Los Angeles County Superior Court sentenced Keukelaar to an aggregate term of four years in state prison for those convictions. In October 2023, in Butte County Superior Court, the People charged Keukelaar in case No. 616 with assault with a deadly weapon (§ 245, subd. (a)(1)) and misdemeanor battery (§ 242). Keukelaar pleaded no contest to the amended charge of assault by means likely to result in great bodily injury (§ 245, subd. (a)(4)). As part of his negotiated plea agreement, Keukelaar stipulated to the upper term and agreed he would serve his sentences in case Nos. 49-01 and 616 consecutively. On November 15, 2023, the Butte County Superior Court sentenced Keukelaar in case No. 616 and resentenced him in case No. 49-01. The court resentenced Keukelaar to four years in case No. 49-01 and ordered him to serve a consecutive one-year term (one- third the middle term) in case No. 616, for an aggregate term of five years. The court awarded Keukelaar a total of 512 days of custody credit in case No. 49-01 (173 actual days, 172 conduct days, 167 days served in a state institution) and one day in case No. 616. The abstract of judgment, filed on December 1, 2023, did not include the custody credits from case No. 49-01. The December 1, 2023, abstract of judgment also identified