Error and/or relief
It appears that the trial court miscalculated the defendant’s credit for time served. The matter is remanded for it to recalculate the credit. The People do not dispute that the custody credits may have been incorrectly calculated, but that the record is not clear as to the date of defendant’s release on bond. The People recommend a return to the trial court for it to recalculate the custody and conduct credits. Based on the People’s concession, we will order limited remand to the trial court to calculate presentence custody credits.
Holding:
Prisoners confined to jail prior to sentencing for a felony conviction are among those entitled to Penal Code section 4019 credits.
Authority:
People v. Duesler (1988) 203 Cal.App.3d 273, 275