Error and/or relief
The court erred in its calculation of credit for time served. The miscalculation appears to be the result of the trial court failing to include the fact defendant was in custody from his initial arrest for an earlier period before he was arrested a second time.
Holding:
The appellate court accepted the People’s concession regarding the credit for time served error and modify the judgment to include the correct number of days.
Authority:
People v. Guillen (1994) 25 Cal.App.4th 756, 764