Error and/or relief
The court failed to recalculate the actual time defendant had served pursuant to the sentence for which he was being resentenced and reflect those credits in the amended abstract of judgment.
First Holding:
The trial court, having modified defendant’s sentence on remand, was obliged, in its new abstract of judgment, to credit him with all actual days he had spent in custody.
Authority:
PEN 2900.5
People v. Buckhalter (2001) 26 Cal.4th 20, 37 [The trial court, having modified defendant’s sentence on remand, was obliged, in its new abstract of judgment, to credit him with all actual days he had spent in custody]
Second Holding:
Generally, a clerical error is one inadvertently made. Clerical error can be made by a clerk, by counsel, or by the court itself. A court has the inherent power to correct clerical errors in its records at any time so as to make these records reflect the true facts.
Authority:
People v. Schultz (1965) 238 Cal.App.2d 804, 808
In re Candelario (1970) 3 Cal.3d 702, 705