People v. Buckhalter (2001)

THE PEOPLE, Plaintiff and Respondent, v. JOE BUCKHALTER, Defendant and Appellant.

[Modification fn. * of opinion (26 Cal. 4th 20; 108 Cal. Rptr. 2d 625, 25 P.3d 1103).]

THE COURT.-

The opinion herein appearing at 26 Cal. 4th 20 is modified as follows:

1. The words "Because defendant here is serving an indeterminate life sentence under the Three Strikes law, however, he is not eligible to earn such prison worktime credits for the period in question" beginning on the 19th line of the second full paragraph on page 23 are deleted and replaced with the following: "Defendant is serving an indeterminate term of 25 years to life under the Three Strikes law, consecutive to a determinate term of five years. Under the Three Strikes Law, however, he is not eligible to earn prison worktime credits against the indeterminate portion of his sentence."

2. The words, "An abstract of judgment was issued, reflecting a Three Strikes sentence of 30 years to life, with presentence credits, as before, of 1195 days" in the first sentence of the first full paragraph on page 27 are deleted and replaced with the following: "An abstract of judgment was issued, reflecting a Three Strikes indeterminate term of 25 years to life, an additional five-year term on the prior enhancements, and presentence credits, as before, of 1195 days."

3. The words "Because defendant is serving an indeterminate life sentence under the Three Strikes law, he is ineligible to earn such term-shortening credits" beginning on the third line of the first partial paragraph on page 30 are deleted.

4. The words "Hence, one, like defendant, who has suffered two or more prior strikes, and is thus serving an indeterminate life sentence mandated by the Three Strikes law, is not eligible to earn prison worktime credits at all. (Cervera, supra, 24 Cal. 4th 1073, 1080)" beginning on the seventh line of [26 Cal. 4th 994b] the first full paragraph on page 32 are deleted and replaced with the following: "Hence, one, like defendant, who has suffered two or more prior strikes, is not eligible to earn prison worktime credits against the indeterminate life term mandated by the Three Strikes law. (Cervera, supra, 24 Cal. 4th 1073, 1080)."

5. The words "It follows that all of defendant's confinement between July 1996 and October 1998 was imprisonment in the Director's custody, and such custody counts not as presentence confinement, but as service of his indeterminate life sentence. (§ 2900.1.) As such, of course, it is not subject to article 2.5 worktime credits that would shorten his 30-year minimum term of confinement. (See § 3046, subd. (a)(2); Cervera, supra, 24 Cal. 4th 1073, 1077-1082.)" beginning on the first line of the first full paragraph on page 34 are deleted and replaced with the following: "It follows that all of defendant's confinement between July 1996 and October 1998 was imprisonment in the Director's custody, and such custody counts not as presentence confinement, but as service of his sentence. (§ 2900.1.) Of course, the indeterminate life term is not subject to article 2.5 worktime credits that would shorten his 25-year minimum term of confinement. (See § 3046, subd. (a)(2); Cervera, supra, 24 Cal. 4th 1073, 1077-1082.)"

6. The words "Defendant here, who is ineligible for prison worktime credits under both his original and modified Three Strikes sentences, would obtain an unwarranted credit windfall if, as a result of the Court of Appeal's 1997 remand, he were deemed a presentence detainee eligible for section 4019 good behavior credits" beginning on the seventh line in the first full paragraph on page 37 are deleted.

This modification does not affect the judgment.

FN *. This modification requires movement of text affecting pages 23-30 and 35-41 of the bound volume report.