Error and/or relief
On resentencing the defendant under section 1172.75, the trial court erred in its calculation of his custody credits. The court awarded custody credit of 461 days, the amount of custody credit listed on the defendant’s original abstract of judgment from 2012. The matter is remanded to the trial court to recalculate the defendant’s custody credits; the court shall amend the abstract of judgment accordingly.
Holding:
When a prison term already in progress is modified, the sentencing court must recalculate and credit against the modified sentence all actual time the defendant has already served. As stated in section 2900.5, it is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited pursuant to that section. The total number of days to be credited shall be contained in the abstract of judgment provided for in section 1213.
Authority:
PEN 2900.5
People v. Buckhalter (2001) 26 Cal.4th 20, 29
People v. Dean (2024) 99 Cal.App.5th 391, 396 [resentencing courts must recalculate actual time served]