Error and/or relief
On resentencing under section 1172.75, the court must recaculate credits for time served.
First Holding:
Upon modification of a felony sentence during the term of imprisonment, the trial court must recalculate and credit the actual time the defendant had served on their sentence prior to the modification. Where a defendant has served any portion of their sentence under a commitment based upon a judgment which judgment is subsequently declared invalid or which is modified during the term of imprisonment, such time shall be credited upon any subsequent sentence they may receive upon a new commitment for the same criminal act or acts.
Authority:
PEN 2900.1
People v. Buckhalter (2001) 26 Cal.4th 20, 23, 32
People v. Mitchell (2001) 26 Cal.4th 181, 185 [directing correction of abstract of judgment]