Does the Attorney General have any grounds to argue that the trial court erred in failing to recalculate a defendant's custody credits?

California, United States of America

The following excerpt is from People v. Martinez, B203813 (Cal. App. 2/17/2009), B203813 (Cal. App. 2009):

The Attorney General aptly agrees with defendant that the trial court erred in failing to recalculate defendant's custody credits, as required under People v. Buckhalter (2001) 26 Cal.4th 20, 22-23. Accordingly, contends the Attorney General, "the cause must be remanded for the trial court to award appellant credit for the actual time he served from the date of his original sentencing to the date of his resentencing following remand."

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does a defendant have any grounds to argue that the trial court erred in failing to give the cautionary instruction at the end of trial? (California, United States of America)

Does the Attorney General have any grounds to argue that a trial court erred by awarding presentence conduct credits on a conviction for carrying an unregistered loaded handgun? (California, United States of America)

Does a defendant have grounds to argue that the trial court erred in failing to instruct the jury on the defenses of duress and necessity and the lesser included offenses of first degree murder? (California, United States of America)

Does the Attorney General have any authority to argue on appeal that a defendant failed to object in the trial court on his NGI plea? (California, United States of America)

Does the Attorney General have any grounds to argue that the Defendant failed to plead that he had committed a sexual assault against the Defendant? (California, United States of America)

Does the Attorney General's claim that defendant forfeited the issue of confrontation clause by failing to object on confrontation clause grounds in the trial court? (California, United States of America)

What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)

Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)

Does the Attorney General have any grounds to argue that a defendant abandoned the issue of competency by not objecting to the court's action? (California, United States of America)

How have we dealt with the Attorney General's contention that a defendant forfeited any claim of error by failing to object or request modification to an instruction in the trial court? (California, United States of America)

Does the Attorney General have any grounds to argue that the trial court erred in failing to recalculate a defendant's custody credits?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources