P. v. Hamblin CA3

Filed 7/11/13 P. v. Hamblin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Calaveras) ----

THE PEOPLE, C071456

Plaintiff and Respondent, (Super. Ct. No. F4514)

v.

STEPHEN CHRISTOPHER HAMBLIN,

Defendant and Appellant.

This appeal raises two administrative/clerical issues on which the parties largely agree.

In early 2010, pursuant to a plea bargain, defendant Stephen Christopher Hamblin admitted several counts of child molestation involving two victims and was sentenced to a state prison term of 16 years four months.

Near the end of 2010, in a prior appeal in this matter, we reversed this judgment and remanded to determine whether any of the charges to which defendant pleaded guilty

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were time-barred; if so, defendant could withdraw his plea. We issued our remittitur on March 3, 2011. (People v. Hamblin (Dec. 29, 2010, C064030) [nonpub. opn.].)1

On remand, the parties agreed that defendant would not withdraw his plea and he would receive a prison term of 14 years. Defendant was resentenced accordingly on June 18, 2012; the trial court awarded defendant, among other credits, 889 days of actual time credit in prison (from the original sentence date of January 11, 2010, through the date of this resentence), and specified that the Department of Corrections and Rehabilitation would determine the conduct credits for these 889 days.

Now, on appeal again, defendant contends, and the People agree, (1) the abstract of judgment must be corrected to reflect the agreed resentence term of 14 years, and (2) the trial court erred in failing to determine defendant’s presentence custody conduct credit for “phase III” time, measured from the date of our reversal remittitur to the date of resentencing.