People v. Shultz CA3

Filed 4/11/25 P. v. Shultz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C101281

Plaintiff and Respondent, (Super. Ct. No. 62-192087)

v.

JOHN DEAN SHULTZ,

Defendant and Appellant.

Defendant John Dean Shultz appeals from his second degree robbery conviction in Placer County case No. 62-192087 (the Placer case). When the trial court sentenced defendant in that case, it also resentenced him in Sacramento County case No. 22FE019562 (the Sacramento case). On appeal, he contends the trial court erroneously failed to recalculate custody credits when it resentenced him in the Sacramento case, and the People correctly concede the issue. Defendant also contends the trial court erred in advising him that, upon his

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release from prison, he would be required to serve no more than three years on parole. The People respond that the trial court’s statement was merely an advisement and no modification is necessary. We will remand the matter for the trial court to modify the custody credits and otherwise affirm.

FACTS AND HISTORY OF THE PROCEEDINGS

The Sacramento Case

In the Sacramento case, defendant was convicted in April 2023 of five counts of second degree robbery (Pen. Code, § 211; statutory section citations that follow are to the Penal Code) and one count of being a felon in possession of a firearm (§ 29800, subd. (a)). He was sentenced to six years in prison.

The Placer Case

In the Placer case, in August 2022 defendant robbed a local bank after handing the teller a note demanding money and saying he was armed. Defendant was charged with second degree robbery with five aggravating circumstances. (§ 211; Cal. Rules of Court, rules 4.421(a)(1), 4.421(a)(8), 4.421(a)(9), 4.421(b)(1), 4.421(b)(2); further rule references are to the California Rules of Court.) In February 2024, defendant pled no contest to second degree robbery and admitted two aggravating circumstances. At sentencing in April 2024, the trial court sentenced defendant to prison for an aggregate term of 10 years, as follows: (1) in the Placer case, five years (the upper term) and (2) in the Sacramento case, one year (one-third the middle term) consecutive for each of the five second degree robbery counts and one year four months (the low term) concurrent for the firearm possession count. The trial court advised that, once released from custody, defendant would need to complete a parole period that “shall not exceed three years unless parole is suspended and you’re returned to custody for a violation of parole. In that event, the period under parole supervision or in custody shall not exceed