Error and/or relief
Following the invitation by the defendant to recall his sentence under section 1170.1, the trial court did recall his sentence and resentenced him to a considerably lesser number of years, but still more than 50 years to life. We affirm the trial court’s resentencing decision, with directions to make a correction to the record.
The trial court appropriately and correctly recalculated his credit for time served, but the abstract of judgment fails to reflect the recalculation.
Holding:
We direct the trial court on remittitur to amend and forward to the Department of Corrections and Rehabilitation (CDCR) the abstract of judgment to reflect more than 10,000 days of actual credit and conduct credit that the trial court determined defendant was entitled to as of the resentencing date.
[Gary note: The court does not list any authority for ordering correction of the abstract of judgment, most likely because the authority is so obvious. But for your convenience, I have listed some of the cases that the court could have cited.]Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Delgado (2008) 43 Cal.4th 1059, 1070
People v. Leon (2020) 8 Cal.5th 831, 855
In re Black (1967) 66 Cal.2d 881, 890
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2