Error and/or relief
On resentencing the defendant under section 1172.75, the court failed to update the credits for time served, and awarded only the credits allowed at the original sentencing 12 years earlier. This was error, and the matter is remanded for the trial court to recalculate the proper credits as of the date of the resentencing hearing.
Holding:
When a trial court resentences a defendant on remand, it must credit him with all actual days he spent in custody up to that time, including his time in custody after the original sentencing.
Authority:
People v. Buckhalter (2001) 26 Ca1.4th 20, 37 [the trial court, having modified defendant’s sentence on remand, was obliged, in its new abstract of judgment, to credit him with all actual days he had spent in custody]