Error and/or relief
On resentencing the defendant under section 1172.75, the court should have recalculated his credit for time served.
Holding:
Upon resentencing that results in a modification of a felony sentence during the term of imprisonment, the trial court must calculate the actual time the defendant has already served and credit that time against the subsequent sentence. 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.
Authority:
PEN 2900.1
PEN 2900.5(d)
People v. Buckhalter (2001) 26 Cal.4th 20, 23