People v. Guzman CA2/8
Opinion
Opinion
DISCUSSION
I. Custody Credits
Guzman argues, the People concur, (RB 7)~ and we agree the trial court erred when it failed to recalculate Guzman’s custody credits at resentencing. When an appellate remand results in the modification of a felony sentence during the term of imprisonment, the trial court must calculate the actual time the defendant has already served and credit that time against the new sentence. (§ 2900.1 [“Where a defendant has served any portion of his sentence under a commitment based upon a judgment which judgment is subsequently declared invalid or which is modified during the term of imprisonment, such time shall be credited upon any subsequent sentence he may receive upon a new commitment for the same criminal act or acts”]; People v. Buckhalter (2001) 26 Cal.4th 20, 37 [“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”].) On remand, the trial court shall recalculate Guzman’s custody credits and amend the abstract of judgment to reflect those credits.