People v. Keys CA2/8

discussion of the credit issue is contained in the record. Defendant appeals from the trial court’s resentencing order of October 16, 2023, contending the court failed to correctly calculate custody credits and that he is entitled to 6,131 days of custody credits. The People concede defendant’s argument that

3 remand to the trial court is appropriate for the recalculation of custody credits, but contend he is entitled to 6,125 actual days. The superior court was required to recalculate defendant’s custody credits in accordance with People v. Buckhalter (2001) 26 Cal.4th 20. Buckhalter instructs that where, as here, “a prison term already in progress is modified . . . , the sentencing court must recalculate and credit against the modified sentence all actual time the defendant has already served, whether in jail or prison, and whether before or since he was originally committed and delivered to prison custody.” (Id. at p. 29.) We vacate the order in part and remand for the limited purpose of having the superior court recalculate the correct number of custody credits to which defendant is entitled pursuant to People v. Buckhalter, supra, 26 Cal.4th 20. We otherwise…