When a defendant is remanded on appeal for the modification of a felony sentence during his term of imprisonment during which he has served his sentence, what are the consequences of the modification?

As the People note, where, as here, a remand results in modification of a felony sentence during a term of imprisonment, the trial court must calculate the actual time the defendant has already served, and credit that time against the "subsequent sentences." ( 2900.) But the court should not award good conduct presentence custody credits. (People v. Buckhalter (2001) 26 Cal.4th 20, 22-23 (Buckhalter) [concluding that where, as here, a defendant is resentenced, the sentencing court must calculate the actual time the defendant has already served and credit that time against the modified sentence; that "a convicted felon once sentenced, committed, and delivered to prison is not restored to presentence status, for purposes of the sentence-credit statutes, by virtue of a limited appellate remand for correction of sentencing errors"; and therefore, that the defendant "cannot earn good behavior credits under the formula specifically applicable to persons detained in a local facility, or under equivalent circumstances elsewhere, 'prior to the imposition of sentence' for a felony"].) Thus, when a trial court modifies a defendant's sentence on appellate remand, it must recalculate custody credits and must in the new abstract of judgement credit defendant with all actual days he or she spent in custody, whether in jail or prison, up to that time. (Id. at p. 37.)

Among the errors correctible at any time by the trial court is an erroneous grant or denial of presentence credits. (People v. Shabazz (1985) 175 Cal.App.3d 468, 473-474.) Here, at defendant's initial sentencing on

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