In this resentencing appeal, the Court of Appeal agreed that under People v. Buckhalter (2001) 26 Cal.4th 20, the trial court failed to award legally mandated custody credits at appellant’s resentencing hearing. (Pen. Code §, 2900.1) The court determined that the trial court’s abstract of judgment must be corrected to reflect the actual days served in custody up until resentencing. The Court of Appeal remanded the case to the trial court to award and calculate custody credits up to appellant’s resentencing date.
