Tag Archives: Credit for time served

Sentencing

Case 000013

Posted on by Gary McCurdy

Error and/or relief

The trial court erred in calculating defendant’s custody credits. Because he participated in the sober living program pursuant to a court order, he is entitled to custody credit for the time he spent there. The People concede this issue. We agree with the parties.

First Holding:

Credit for time served that is miscalculated must be corrected.

Authority:

PEN 2900.5(a)

Second Holding:

Involuntary time in treatment counts as credit for time served when attributable to the criminal proceedings.

Authority:

People v. Davis (2023) 87 Cal.App.5th 771, 777 [Section 2900.5 has two components: First, that the placement be custodial, and second, that the custody be attributable to the proceedings relating to the same conduct for which defendant has been convicted]

People v. Billy (2024) 107 Cal.App.5th 246, 262-264, [Defendant’s voluntary stay at a rehabilitation facility did not qualify for custody credit under section 2900.5]

Fines and fees, Sentencing

Case 000012

Posted on by Gary McCurdy

Error and/or relief

The restitution fine must be vacated because it was originally imposed more than 10 years ago. The court must calculate the actual time the defendant has already served and credit that against the subsequent sentence.

First Holding:

Restitution fines are uncollectible after 10 years.

Authority:

PEN 1465.9

Second Holding:

The court must recalculate credit for time served on resentencing.

Authority:

People v. Buckhalter (2001) 26 Cal.4th 20, 23

Amelioration, Duty of the court, Fines and fees, Sentencing

Case 000001

Posted on by Gary McCurdy

Error and/or relief:

On resentencing more than 10 years after conviction, the court must strike the unpaid balance of the $10,000 restitution fine, and it must recalculate the defendant’s credit for time served.

First Holding:

Restitution fines are uncollectible after 10 years.

Authority:

PEN 1465.9(d) [Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to Section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.]

Second Holding:

The court must recalculate credit for time served on resentencing.

Authority:

People v. Buckhalter (2001) 26 Cal.4th 20, 29, 37