Error and/or relief
Error and/or relief:
The trial court failed to calculate her presentence custody credits correctly. We agree the defendant is entitled to three additional days of presentence custody credit. We direct the trial court to prepare an amended abstract of judgment to reflect the correct amount of credit and transmit it to the California Department of Corrections and Rehabilitation.
Holding:
[GARY NOTE: There was no authority indicated in the opinion for the correction of the credit for time served, likely because the error is so obvious. For sake of completeness, the following authorities would support the court’s ruling.]Authority:
PEN 2900.5(d) [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 this section. The total number of days to be credited shall be contained in the abstract of judgment provided for in Section 1213.]
People v. Smith (1989) 211 Cal.App.3d 523 [A sentencing court must award credits for all days in custody up to and including the day of sentencing.]
People v. Duff (2010) 50 Cal.4th 787, 793 [At the time of sentencing, credit for time served, including conduct credit, is calculated by the court. The total number of days to be credited is memorialized in the abstract of judgment and shall be credited upon the defendant’s term of imprisonment. The credit in effect, becomes part of the sentence.]