People v. Avila-Guzman CA5

DISCUSSION

Avila-Guzman challenges the custody credits awarded at his resentencing hearing and the imposed fines and fees. His challenges to the credits and parole revocation fine are well taken; the challenge to the remaining fines and fees is not.

I. Trial Court Must Recalculate Actual Custody Credits At Resentencing Hearing

The trial court in this case awarded the same actual custody credits at both sentencing hearings. This was error. “ ‘[W]hen a prison term already in progress is modified as the 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.) The court must also calculate conduct credits for the period before the original sentencing hearing. (Id. at p. 30.) The agency to which the defendant is committed—in this case the Department of Corrections and Rehabilitation—calculates and applies conduct credit for time following the original sentencing hearing.” (People v. Sek (2022) 74 Cal.App.5th…