People v. Lockheart CA2/7

Filed 10/14/20 P. v. Lockheart CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B303374

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA125699-02) v.

JAMES HERBERT LOCKHEART,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ricardo R. Ocampo, Judge. Remanded with directions. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior

Assistant Attorney General, Scott A. Taryle and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent. ____________________ James Herbert Lockheart appeals from the trial court’s failure to recalculate custody credits following his resentencing on remand, instead leaving that task to the Department of Corrections and Rehabilitation. The Attorney General agrees the court erred, as do we. We remand the matter with directions to the trial court to determine the number of days Lockheart has spent in actual custody and to prepare an amended abstract of judgment that reflects his total custody credits. FACTUAL AND PROCEDURAL BACKGROUND Following a jury trial in 2014 Lockheart was convicted with his codefendant Dominque Jones of two counts of attempted willful, deliberate and premeditated murder with special findings the crimes had been committed with a firearm and for the benefit of a criminal street gang. Both Lockheart and Jones were sentenced to aggregate state prison terms of 80 years to life. Lockheart was awarded 611 days of custody credit—532 actual days and 79 days of conduct credit. In an initial appeal we affirmed the convictions but remanded the matter for resentencing to permit the trial court to exercise its discretion whether to impose consecutive or concurrent terms of imprisonment. (People v. Lockheart (Feb. 15, 2017, B255880) [nonpub. opn.].) On remand the trial court again sentenced Lockheart and Jones to consecutive indeterminate state prison terms, aggregating, according to the trial court, 80 years to life. Lockheart was awarded 2,113 days of custody credit—1,837 actual days and 276 days of conduct credit.