People v. Chew

Opinion

WOOLPERT, Acting P. J.

When the appellate process has returned a defendant from prison to the trial court on remand for resentencing or for further proceedings which justify a new prison sentence, what statutory credits should the sentencing court compute for the time already spent in prison? We find the time spent in prison between the initial sentencing and resentencing or a new sentence is properly characterized as presentence time. Defendant is entitled to credit for the prison time as if no appeal had been taken. However, we further decide that prison time credits other than those…