People v. Williams CA3

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.) Defendant 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 defendant. Our review of the record reveals that the trial court erroneously failed to recalculate defendant’s custody credits. When a trial court resentences a defendant who

2 is currently in custody, 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. (People v. Buckhalter (2001) 26 Cal.4th 20, 37.)

DISPOSITION

The matter is remanded for the limited purpose of recalculating the actual days credits for which defendant is eligible on his resentencing. The trial court is directed to prepare an amended abstract of judgment setting forth the modified credits and to forward a certified copy to the Department of Corrections and…