People v. Edelman CA3

Filed 2/13/25 P. v. Edelman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C100554

Plaintiff and Respondent, (Super. Ct. No. 95F09430)

v.

BRIAN LEWIS EDELMAN,

Defendant and Appellant.

In 1996, defendant Brian Lewis Edelman was found guilty of numerous felonies, including forcible rape. Defendant separately admitted to serving two prior prison terms. The trial court sentenced defendant to an aggregate term of 33 years to life in prison: an indeterminate term of 25 years to life for forcible rape, plus a determinate term of eight years eight months on the remaining convictions, to be served consecutively to the indeterminate term.

1

Following a resentencing proceeding pursuant to Penal Code section 1172.75, 1 the trial court struck the prior prison term enhancement but otherwise left the prior sentence intact. On appeal, defendant contends that the trial court was unaware of its discretion to run the determinate term concurrently to his indeterminate term. We agree. He also contends the trial court erred in calculating defendant’s custody credits, failed to determine defendant’s conduct credits, and failed to address the appropriate restitution and parole revocation fines. The People concede these errors. We will vacate the judgment and remand the matter for resentencing. BACKGROUND In October 1996, a jury found defendant guilty of numerous felonies including forcible rape (§ 261, subd. (a)(2)) and defendant admitted to serving two prior prison terms. For his conviction on the charge of forcible rape, the trial court sentenced defendant to an indeterminate term of 25 years to life. For his remaining convictions, the trial court sentenced defendant to an aggregate determinate term of eight years eight months, including one year for a prior prison term under former section 667.5, subdivision (b). In July 2023, the trial court issued a minute order indicating the Department of Corrections and Rehabilitation identified defendant as an individual eligible for resentencing under section 1172.75 because his sentence included a now-invalid enhancement under former section 667.5, subdivision (b). The court appointed counsel and ordered briefing.