Does the Attorney General have any authority to correct an error in the calculation of time served credit for time served?
California, United States of America
The following excerpt is from People v. Simon, E050821 (Cal. App. 2011):
The Attorney General concedes that the trial court made an arithmetic error in the number of days of credit for time served, and we agree that defendant was entitled to three additional days, for a total of 1,249 days. A sentence which fails to award legally mandated custody credits is unauthorized and may be corrected at any time. (People v. Taylor (2004) 119 Cal.App.4th 628, 647.) If defendant's new trial motion is denied on remand, the trial court shall issue an amended abstract of judgment which reflects the correct number of days.
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