People v. Moore CA3
Opinion
Opinion
Eurie, J.
DISCUSSION
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Moore was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days have elapsed, and we have received no communication from Moore. Our review of the record revealed that the trial court erroneously failed to recalculate the actual time Moore has served pursuant to the sentence for which he is being resentenced, and award those credits in the new abstract of judgment. (People v. Buckhalter (2001) 26 Cal.4th 20, 37 [when a trial court resentences a defendant on remand, it must credit him with all actual days he spent in custody (whether in jail or prison) up to that time, including his time in custody after the original sentencing].) We will remand the matter for the trial court to calculate this credit. Having undertaken an examination of the entire record, we find no other arguable error that would result in a disposition more favorable to Moore.