Error and/or relief
We agree that on the resentencing of the defendant, the court failed to award the proper number of custody credits.
First Holding:
A sentencing court must award credits for all days in custody up to and including the day of sentencing. [Gary Note: though not expressly stated in the opinion, at resentencing, the trial court must calculate the actual time the defendant has already served and credit that time against the subsequent sentence, per Buckhalter.]
Authority:
PEN 2900.1
PEN 2900.5
People v. Bravo (1990) 219 Cal.App.3d 729, 735
People v. Buckhalter (2001) 26 Cal.4th 20, 23