Error and/or relief
We direct the trial court to correct the custody credits in the resentencing minute order and the abstract of judgment.
First Holding:
Everyone sentenced to prison for criminal conduct is entitled to credit against his term for all actual days of confinement solely attributable to the same conduct.
Authority:
PEN 2900.5(d)
People v. Buckhalter (2001) 26 Cal.4th 20, 29-30, 37
Second Holding:
When a defendant is imprisoned and later resentenced, the sentencing court must recalculate and credit against the modified sentence all actual time the defendant has already served, whether in jail or prison, and whether before or since he was originally committed and delivered to prison custody.
Authority:
People v. Buckhalter (2001) 26 Cal.4th 20, 29