Error and/or relief
The trial court is directed to prepare and send a certified copy of an amended abstract of judgment to the Department of Corrections and Rehabilitation, noting that the defendant’s [more than 500] days of excess presentence custody credit are to be applied to his parole period.
First Holding:
Any excess presentence custody credits that a defendant accrues must be applied to his parole period.
Authority:
PEN 2900.5(a) and (c)
People v. Morales (2016) 63 Cal.4th 399, 405
Second Holding:
The Department of Corrections and Rehabilitation and the Board of Parole Hearings determine when a defendant is discharged from parole, and any excess credits are taken into account. In an abundance of caution, we will direct the trial court to amend the abstract of judgment to note that the defendant’s excess credits shall be applied to his parole period.
Authority:
PEN 3000(b)
PEN 3001
Cal. Code Regs., tit. 15, secs. 2515, 2345, 2535–2537