Case 000031

Error and/or relief

The trial court miscalculated the credit for time served. We will therefore modify his presentence credit award.. The defendant was granted one additional day of actual custody credit.

Holding:

[NOTE BY GARY–THE COURT DID NOT ACTUALLY CITE AUTHORITY, MOST LIKELY BECAUSE IT WAS AN ERROR IN CALCULATION AND NOT AN ERROR ON THE LAW. I HAVE PROVIDED THE AUTHORITIES HERE THAT SUPPORT THE COURT’S RULING, THOUGH NOT MENTIONED IN THE OPINION.] In determining the credit for time served, the court must count all actual days in custody (attributable to proceedings related to the same conduct for which the defendant has been convicted), including the day of arrest and the day of sentencing.

Authority:

PEN 2900.5

People v. Rajanayagam (2012) 211 Cal.App.3d 42, 48

People v. Bravo (1990) 219 Cal.App.3d 729, 735