Error and/or relief
Our review has disclosed the trial court’s failure to award updated custody credits at the resentencing hearing. We will remand the matter solely for this purpose and otherwise affirm.
Holding:
The trial court failed to award updated custody credits at the resentencing hearing. Where there is a modification of a felony sentence during the term of imprisonment, the trial court must calculate the actual time the defendant has already served and credit that time against the subsequent sentence.
Authority:
PEN 2900.1
People v. Buckhalter (2001) 26 Cal.4th 20, 23