Error and/or relief
The court miscalculated the credit for time served. The matter is remanded for recaculation. The court also failed to specify whether it was imposing consecutive or concurrent sentences for the three conviction offenses. On remand, it must specify that the terms are to be served concurrently.
First Holding:
The trial court’s oral pronouncement of judgment did not specify whether the sentences for the three counts were to run concurrently or consecutively with respect to one another. This means that by default they all run concurrently.
Authority:
PEN 669(b)
People v. Downey (2000) 82 Cal.App.4th 899, 915
Second Holding:
The court erred in its calculation of credit for time served, and it must recalculate the credits on remand.
(Gary note: the court cited no authority, likely because the error and solution are obvious. I have listed the code section for your convenience.)
Authority:
PEN 2900.5