People v. Trammel
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In a criminal case in the Court of Appeal of the State of California, First Appellate District, the defendant, Terrell Trammel, was convicted of multiple charges arising from his violent relationship with his former girlfriend, M.T. Trammel first appealed his aggregate 12-year prison term sentence, arguing that the trial court erroneously failed to stay the punishment for two convictions pursuant to Penal Code section 654. The appellate court agreed and remanded the case for a full resentencing. On remand, the trial court corrected its errors and resentenced Trammel to a total prison term of 12 years, four months.
Trammel then filed a second appeal arguing that his new sentence violated the prohibition against double jeopardy in the California Constitution. The appellate court agreed with Trammel, finding that the addition of four months to his sentence upon resentencing violated the prohibition against double jeopardy because the errors in his original sentence were not the result of "unauthorized leniency" that might have warranted a harsher sentence under the exception outlined in People v. Serrato. The court also found that the amended abstract of judgment did not accurately reflect Trammel's total custody credits at the time of resentencing.
The court remanded the case back to the trial court with instructions to modify the sentence and impose a total aggregate sentence of 11 years, four months, and to determine Trammel's actual total custody credits as of the time of his resentencing. The court also instructed the trial court to order the clerk of the superior court to prepare a second amended abstract of judgment reflecting these changes.
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