Error and/or relief
The trial court erred in calculating the presentence custody credits. He actually served more time than the court calculated. We award him the additional days he is entitled to and direct the trial court to issue a corrected abstract of judgment and minute order to reflect the correct award.
Holding:
Upon conviction, a criminal defendant is entitled to credit for actual time served. This time includes confinement from the date of arrest to the date when the sentence commences. Generally, a term of four days will be deemed to have been served for every two days spent in actual custody. When a defendant is convicted of a violent felony as defined by section 667.5(c), however, work time is accrued at a rate of no more than 15 percent. Any miscalculation of credits results in an unauthorized sentence, and an unauthorized sentence may be corrected upon discovery.
Authority:
PEN 2900.5(a)
PEN 4019(a)(1)
PEN 4019(f)
PEN 2933.1(a)
People v. Taylor (2004) 119 Cal.App.4th 628, 647