People v. Snell CA3

Filed 4/2/24 P. v. Snell CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C098382

Plaintiff and Respondent, (Super. Ct. No. 20CF06233)

v.

FLOYD LEE SNELL, JR.,

Defendant and Appellant.

Defendant Floyd Lee Snell, Jr., appeals a judgment entered after the trial court resentenced him on March 23, 2023. Defendant’s sole contention on appeal is that he is entitled to an additional 121 days of custody credit as a result of the reduction of his sentence in a Stanislaus County case, thus allowing the reallocation of custody credits to this one. We note defendant’s appellate counsel sought correction of this asserted error in the trial court in accordance with Penal Code section 1237.1 (statutory section citations that follow are to the Penal Code unless otherwise stated), thus allowing him to bring this issue on appeal. However, having considered his arguments, we affirm the judgment.

1

FACTS AND HISTORY OF THE PROCEEDINGS We limit this description to the information necessary to the disposition of defendant’s argument on appeal. On December 9, 2020, defendant was arrested in Butte County, resulting in the filing of a felony complaint in Butte County case No. 20CF06233 (the Butte County Case). Defendant was released on his own recognizance in the Butte County Case on December 14, 2020. Sometime in 2021, defendant possessed a controlled substance. On May 10, 2021, he pleaded guilty to possession of a controlled substance (Health & Saf. Code, § 11378) and received a 16-month state prison sentence in Stanislaus County Superior Court case No. CR21-003836 (the Stanislaus County Case) with credit for 11 actual days plus 10 conduct days for a total of 21 days’ custody credit. On May 27, 2021, defendant was transferred to the California Department of Corrections and Rehabilitation (CDCR) to begin serving his sentence. He was returned to the Butte County Jail on August 3, 2021. On November 18, 2021, defendant resolved the Butte County Case by pleading no contest to carrying a dirk or dagger (§ 21310), and in exchange, the remaining counts were dismissed and the prior strike allegation stricken. The case was set for sentencing on December 16, 2021. The record does not reflect why sentencing did not proceed on that day. Unbeknownst to the parties, but later determined by CDCR, defendant completed his prison term in the Stanislaus County Case on December 29, 2021. Thereafter, on February 3, 2022, the trial court sentenced defendant in the Butte County Case to an upper term of three years plus a consecutive term of eight months for the Stanislaus County Case. Neither the court, nor the parties acknowledged that defendant had already completed his time on the Stanislaus County Case. Defendant appealed, and this court reversed for resentencing in compliance with the amendments made by Senate Bill No. 567 (2021-2022 Reg. Sess.). (People v. Snell (Dec. 28, 2022,