Error and/or relief
At defendant’s resentencing hearing under section 1172.75, the court should have recalculated his credit for time served. The reimposed restitution fine should have been stricken, as it was imposed more than 10 years earlier.
First Holding:
The court failed to update the defendant’s credit for time served as of his resentencing. We remand for that purpose.
Authority:
People v. Buckhalter (2001) 26 Cal.4th 20, 37
People v. Montalvo (1982) 128 Cal.App.3d 57, 62
Second Holding:
The restitution fine imposed in 2013 should be stricken as it is more than 10 years old. Section 1465.9(d), effective January 1, 2025, states that 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. On remand, the court must vacate that order.
Authority:
PEN 1465.9(d)