Error and/or relief
The defendant is entitled to one more day of credit for time served.
Holding:
A defendant convicted of a felony or misdemeanor shall be credited for all days in custody. Days in custody include the day of arrest through and including the day of sentencing.
(Gary note: I suspect that this error crops up when the person calculating the days in custody simply subtracts the date of arrest from the date of sentencing. For example, supposed a defendant is arrested on January 1 and is sentenced on January 30. Subtracting the date of arrest from the sentencing date yields 30 days (31-1=30).
(But days in custody are to be calculated on a counting basis, not on a “find the difference between two dates” subtraction basis. Since the credit for time served includes the date of arrest and the date of sentencing, counting Jan 1 through Jan 31 yields 31 days credit for actual days in custody.)
Authority:
PEN 2900.5(a)
People v. Buckhalter (2001) 26 Cal.4th 20, 30
People v. Rajanayagam (2012) 211 Cal.App.4th 42, 48