People v. Thornburg

*1175Opinion

RYLAARSDAM, J.

When a sentence imposed under the “Three Strikes” law is reversed and the cause remanded for resentencing in light of the Supreme Court’s holding in People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [53 Cal.Rptr.2d 789, 917 P.2d 628], and the trial court exercises its discretion by not striking the prior conviction(s) for sentencing, must it recalculate defendant’s custody credits and issue an amended abstract of judgment? We hold that the trial court must calculate the actual number of days defendant spent in custody, whether in jail or prison, add Penal Code…