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Name: People v. Johnson
Case #: S113803
Court: CA Supreme Court
District CalSup
Opinion Date: 01/29/2004
Subsequent History: None

Where a case has been remanded solely for correction of a sentence in progress, the defendant is not entitled to have his credits calculated as presentence credits. Here, the Department of Corrections notified the trial judge that the defendant’s sentence was unauthorized, and the trial court resentenced the defendant but did not award any additional conduct credits. The appellate court remanded the case for determination of additional custody and presentence conduct credits. Before the Supreme Court, the defendant argued that he was entitled to presentence conduct credits for the entire time he spent in prison between the original sentencing and resentencing hearings. The Supreme Court disagreed, holding that the statutes cited by defendant did not compel an award of presentence conduct credits, and that he was not similarly situated to a pretrial detainee and was thus not deprived of equal protection.