People v. Davis CA4/1

Filed 11/5/20 P. v. Davis CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077387

Plaintiff and Respondent,

v. (Super. Ct. No. SCE348117)

JAMES LEONARD DAVIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Daniel B. Goldstein, Judge. Reversed and remanded with directions. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Michael Pulos, and Nora S. Weyl, Deputy Attorneys General, for Plaintiff and Respondent.

James Leonard Davis appeals from his resentencing after remand from our prior decision in this case (Case No. D073408), in which we reversed his

conviction of burglary, vacated his sentence, and remanded the matter to the trial court with directions to permit him to bring a motion to dismiss his

serious prior felony conviction under Senate Bill No. 1393.1 We further directed the trial court “to exercise its discretion as may be appropriate” and to prepare an amended abstract of judgment and forward a certified copy to the Department of Corrections and Rehabilitation. Davis contends the trial court erred at the resentencing hearing by (1) failing to orally pronounce the sentence as to all counts, (2) failing to understand and exercise its discretion to revisit all of its sentencing choices, and (3) failing to recalculate custody credits. Davis additionally contends the