Aug. 31, 2023 – People v. Rojas (2nd Dist., Div. 4, B325493)

In 2022, the trial court granted appellant’s PC 1172.6 petition and resentenced appellant. The Court of Appeal holds that, upon resentencing, the trial court erred by failing to calculate all the actual days appellant had spent in custody. The court also holds that, pursuant to the version of PC 2900.5 in effect at the time of the offense, appellant’s excess custody credits should have been applied to satisfy his restitution and parole revocation fines, but not the nonpunitive assessments or parole. Finally, the court finds that appellant’s conduct – starting a fight with the victim and summoning friends to the fight – supported the restitution order.