Error and/or relief
The trial court erred in calculating the defendant’s pretrial custody credits and awarded him too few. The judgment is modified accordingly.
Holding:
We independently review whether a trial court has correctly awarded custody credits. A defendant accrues actual custody credits pursuant to section 2900.5 for time spent in custody prior to sentencing. Actual custody credits are calculated by adding together “all days of custody” the defendant has served. The failure to award earned custody credits results in an unauthorized sentence, which we may correct. Because the amount of presentence credits appears from our record, we may modify the award of presentence credits to reflect the correct amount.
Authority:
PEN 2900.5
People v. Arevalo (2018) 20 Cal.App.5th 821, 827
People v. Anaya (2007) 158 Cal.App.4th 608, 611
People v. Boyd (2024) 103 Cal.App.5th 56, 65–71
People v. Jones (2000) 82 Cal.App.4th 485, 493