Error and/or relief
The court failed to recalculate the defendant’s credit for time served on resentencing under section 1172.75.
Holding:
If the court modifies a defendant’s sentence, then the court must recalculate the number of days that the defendant has already spent in custody and award those recalculated credits in the new abstract of judgment.
Authority:
People v. Buckhalter (2001) 26 Ca1.4th 20, 29, 37, 41