The People of the State of California v. Alan Duane Doulphus

Red Bluff, California criminal defense lawyer represented the Defendant charged with Robbery.



Doulphus pled guilty to three counts of robbery, each with a section 12022.53, subdivision (c) enhancement for discharging a firearm, and to one count of voluntary manslaughter. He was sentenced to 42 years four months in state prison. There was no stipulated term as part of the plea agreement. At sentencing, the trial court rejected Doulphus's argument for a mitigated term for the principal robbery conviction, instead imposing an aggravated five-year term for that count as part of the 42-year four-month total term.



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Legal issue Does the trial court need to award custody credits upon resentencing when modifying a defendant's sentence?



Key Phrases Robbery sentencing. Firearm enhancement. Custody credits. Sentencing discretion. Due process rights.

The trial court was directed to recalculate Doulphus's custody credits, prepare an amended abstract of judgment incorporating those credits, and forward the amended abstract to the Department of Corrections and Rehabilitation. The judgment is otherwise affirmed.