Error and/or relief
On resentencing, the court failed to recalculate the defendant’s credit for time served. The matter is remanded for that purpose.
Holding:
The trial court, having modified defendant’s sentence on remand, was obliged, in its new abstract of judgment, to credit him with all actual days he had spent in custody, whether in jail or prison, up to that time.
Authority:
People v. Buckhalter (2001) 26 Cal.4th 20, 37
People v. Rojas (2023) 95 Cal.App.5th 48, 55 [We accordingly remand so the trial court may calculate the correct credits and prepare a new abstract of judgment]