People v. Schrubb CA3

DISCUSSION

The parties agree that in calculating custody credits during the 2023 resentencing, the trial court improperly included conduct credits for the time defendant was in prison. In updating defendant’s custody credits, the court ordered 7,442 actual credits and 1,116 conduct credits. In November 2004, at defendant’s original sentencing, he was awarded 89 conduct credits. We agree that number should not have changed. Under section 4019, a defendant in custody after his arrest and prior to sentencing can receive credit against his eventual sentence for various reasons. (People v. Buckhalter (2001) 26 Cal.4th 20, 30.) At sentencing, the trial court must calculate the number of days the defendant has been in custody prior to sentencing, add applicable local conduct credits earned pursuant to section 4019, and reflect the total in the abstract of judgment. (§ 2900.5, subds. (a) & (d); see also Buckhalter, at p. 30.) Once a defendant has started serving a prison term, the defendant is entered into the custody of the CDCR, where credits can be earned for work performed and good behavior. (See § 2930 et seq.; see also Buckhalter, at p. 31.) At this point, the defendant is no…