Error and/or relief
On resentencing under section 1172.75, the trial court erred by awarding fewer presentence conduct credits than ordered at the original sentencing, and the restitution fine must be vacated as it is now more than 10 years old.
First Holding:
Erroneous computation of presentence credits are subject to correction by the trial court or the appellate court when presented.
Authority:
People v. Guillen (1994) 25 Cal.App.4th 756, 764
Second Holding:
The restitution fine was imposed at the time of the original sentencing in 1995. Section 1465.9(d) now provides that, upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated,
Authority:
PEN 1465.9(d)