Error and/or relief
On resentencing following remand from the prior appeal, the court failed to recaculate the credit for time served.
First Holding:
When a prison term already in progress is modified as the result of an appellate sentence remand, the sentencing court must recalculate and credit against the modified sentence all actual time the defendant has already served, whether in jail or prison, and whether before or since he was originally committed and delivered to prison custody.
Authority:
People v. Buckhalter (2001) 26 Cal.4th 20, 29
Second Holding:
The trial court must calculate the credits. It is not the proper function of the Court of Appeal to engage in this business of correction of clerical errors in the computation of credits.
Authority:
People v. Fares (1993) 16 Cal.App.4th 954, 959