Error and/or relief
Following resentencing under section 1172.75, the court erred in not recalculating the defendant’s credit for time served.
Holding:
The trial court must calculate actual custody credits and include any such credits in the new amended abstract of judgment. Time served in custody shall be credited at resentencing when a judgment is subsequently declared invalid or is modified during the term of imprisonment. It is the duty of the court imposing the sentence to determine the total number of days to be credited.
When a prison term already in progress is modified as the result of an appellate sentence remand, the sentencing court must recalculate and credit against the modified sentence all actual time the defendant has already served.
Authority:
PEN 2900.1
PEN 2900.5
People v. Buckhalter (2001) 26 Cal.4th 20, 29
People v. Garner (2016) 244 Cal.App.4th 1113, 1118 [a judgment must include a custody credit award that includes time spent in prison prior to the resentencing hearing leading to this appeal]