Error and/or relief
The court miscalculated the credit for time served and gave the defendant one less than he earned. That abstract of judgment msut be corrected as well.
Holding:
The trial court awarded defendant 278 days of actual custody credit and 278 days of conduct credit, for a total of 556 days. However, defendant was arrested on February 21, 2024 and sentenced on November 25, 2024. The court therefore should have awarded him 279 days of actual custody credit, and 278 days of conduct credit, for a total of 557 days of presentence custody credit. The minute order and abstract of judgment both credit defendant 279 actual days and 278 conduct days but nevertheless record 556 as the total number of days. Accordingly, we will order the judgment modified to reflect the correct number of total credit days.
Authority:
People v. Johnson (2015) 234 Cal.App.4th 1432, 1457
People v. Rajanayagam (2012) 211 Cal.App.4th 42, 48