Buckhalter

We confront a narrow issue, which has nonetheless produced conflict in the Courts of Appeal, concerning the trial court’s duty to calculate custody credits upon a sentencing remand. Defendant, a career criminal, was convicted in 1996 of multiple felonies committed on a single occasion. The court sentenced him to three consecutive indeterminate life terms under the “Three Strikes” law (Pen. Code, §§ 667, 1170.12). He was committed to prison, and was delivered into the custody of the Director of Corrections (Director) to begin service of the sentence.

Subsequently, the Court of Appeal remanded on sentencing issues only. It directed the trial court to stay two of the three life sentences and to determine whether to impose certain additional enhancements. At some point, defendant was transported from prison to county jail to permit his participation in the remand proceedings. On remand, defendant again received an indeterminate life term as a third strike offender, the court imposed the additional enhancements, and defendant was redelivered to prison. The sentencing court awarded defendant the custody credits, including jail work and conduct credits (hereafter good behavior…