Error and/or relief
At the defendant’s resentencing under section 1172.75, the court erred in reimposing an unenforceable restitution order and in failing to update the defendant’s custody credits. Though the court did not orally reimpose the fine or recalculate credit for time served, the amended abstract of judgment reflects the fine and the credits he received at the defendant’s original sentencing.
First Holding:
The restitution fine imposed under section 1202.4(b) Must be vacated because it is over 10 years old.
Authority:
PEN 1465.9(d)
Second Holding:
Where a defendant has served any portion of his sentence under a commitment based upon a judgment which is modified during the term of imprisonment, such time shall be credited upon any subsequent sentence he may receive upon a new commitment for the same criminal act or acts. The defendant is entitled to an updated abstract that accurately reflects the amount of custody credits earned.
Authority:
PEN 2900.1