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Name: People v. Dean (2024) 99 Cal.App.5th 391
Case #: A166863
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 01/31/2024

At resentencing, the trial court is only required to recalculate all actual time the defendant has served, while CDCR is responsible for calculating a defendant’s postsentence conduct credits. Defendant was convicted of and sentenced to several felonies. The Court of Appeal reversed and remanded for resentencing due to an intervening change in the sentencing law. At resentencing, the trial court determined that since the initial sentencing hearing, defendant had earned 761 days actual credit with an additional 114 days of conduct credit pursuant to section 2933.1. Defendant appealed, arguing the trial court should have updated only the calculation of actual time he served in prison and should not have updated the calculation of conduct credits for his time in prison. Held: Remanded on other grounds, with instructions to recalculate defendant’s credits. In People v. Buckhalter (2001) 26 Cal.4th 20, the California Supreme Court held that when a defendant’s case is remanded to the trial court for resentencing, the trial court has a duty to update the calculation of all actual time served, whether before or after sentencing and in jail or prison. However, Buckhalter only required a trial court resentencing a defendant to recalculate “all actual time” served. CDCR is responsible for calculating a defendant’s postsentence custody credits. As such, when the trial court resentences appellant, it should not award additional postsentence custody credits. [Editor’s Note: In light of its conclusion that the trial court erred under Buckhalter in calculating additional credits for defendant’s postsentence imprisonment, the court did not reach defendant’s argument that the Public Safety and Rehabilitation Act of 2016 repealed section 2933.1 to the extent that it capped postsentence conduct credits. However, the court noted that defendant “appears to be correct that the Public Safety and Rehabilitation Act of 2016 effectively repealed sections 2933.1 as to postsentence worktime credits.”]