California, United States of America
The following excerpt is from People v. Avila, B283199 (Cal. App. 2018):
Appellant contends, the Attorney General concedes, and we agree, that the trial court erred in recalculating appellant's conduct credits. At the original sentencing hearing, the court granted appellant 55 days of conduct credit. Upon resentencing, the trial court recalculated appellant's actual time in custody and his conduct credits, awarding appellant 170 days of conduct credit. Pursuant to People v. Buckhalter (2001) 26 Cal.4th 20, the trial court should have only recalculated the actual time appellant had served on his sentence, not the conduct credits. When, as here,
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