People v. Jones CA3

DISCUSSION

Defendant correctly contends this matter must be remanded to calculate defendant’s actual custody credits and issue an amended abstract of judgment reflecting the accurate number of days defendant served prior to the 2023 resentencing hearing.

2 Pursuant to Penal Code section 2900.1, “when a sentence is modified while in progress, the ‘time’ already served ‘shall be credited upon any subsequent sentence [the defendant] may receive upon a new commitment for the same criminal act or acts.’ ” (People v. Buckhalter (2001) 26 Cal.4th 20, 37.) This requires the trial court to update the actual custody credits on the amended abstract of judgment to reflect “all actual days” spent in custody “whether in jail or prison” up until the resentencing. (Ibid.; italics omitted.)

DISPOSITION

The matter is remanded for the trial court to calculate defendant’s actual custody credits. The trial court shall prepare an amended abstract of judgment and forward a certified copy to CDCR. The judgment is otherwise affirmed.

/s/

MESIWALA, J.

We concur:

/s/ ROBIE, Acting P. J.

/s/

WISEMAN, J.*

* Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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