Error and/or relief
The trial court erred by failing to recalculate his custody credits and the amended abstract of judgment reflects the incorrect amount of conduct credit. The abstract of judgment must be amended to accurately reflect defendant’s custody credits and his restitution fine must be vacated due to recent amendments to section 1465.9.
First Holding:
The trial court, having modified defendant’s sentence on remand, was obliged, in its new abstract of judgment, to credit him with all actual days he had spent in custody, whether in jail or prison, up to that time.
Authority:
PEN 2900.1
PEN 2900.5
People v. Buckhalter (2001) 26 Cal.4th 20, 37
Second Holding:
In cases where there is no factual dispute as to the dates of custody and the calculation is merely arithmetical, the defendant should not be deprived of credit to which he or she is entitled merely because trial counsel made a mistake.
Authority:
People v. Fares (1993) 16 Cal.App.4th 954, 959
People v. Jones (2000) 82 Cal.App.4th 485, 493
Third Holding:
The abstract of judgment reflects that the conduct credit days ordered at the original sentencing hearing was 40 days instead of the 70 days actually granted. The abstract must be corrected to reflect the 70 days pre-sentence conduct credit.
Authority:
People v. Hernandez (2024) 103 Cal.App.5th 981, 993
People v. Boyd (2024) 103 Cal.App.5th 56, 74–75
Fourth Holding:
Effective January 1, 2025, AB 1186 amended section 1465.9 to add subdivision (d), providing that any portion of a restitution fine under section 1465.9 that is not paid within 10 years must be vacated.
Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated. The restitution fine was originally imposed in 2007, and defendant was resentenced over 18 years later. We therefore vacate the fine.
Authority:
PEN 1465.9(d)
In re Mattison (2025) 115 Cal.App.5th 1062, 1066