People v. Park CA4/1

DISCUSSION

The Supreme Court has determined that it is the duty of a trial court to calculate

custody credits upon sentencing remand. The court stated: "[W]hen a prison term

All further statutory references are to the Penal Code unless otherwise specified. 2 already in progress is modified as a result of an appellate sentence remand, 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." (People v. Buckhalter (2001)

26 Cal.4th 20, 29; italics omitted.) The trial court is only required to calculate and award

good behavior credits earned while confined in the county jail prior to the first

commitment. (Id. at pp. 37-38.)

DISPOSITION

The case is remanded to the trial court with directions to calculate Park's

sentencing custody credits consistent with the requirements established in People v.

Buckhalter, supra, 26 Cal.4th 20, 29-30. The court shall prepare an amended abstract of

judgment reflecting the credit calculation and forward the amended abstract to…