In an appeal from resentencing under former PC 1170(d) (now PC 1172.1), the Court of Appeal finds no prejudicial error because appellant was actually resentenced, just not to the extent recommended by CDCR. The court holds that the PC 1172.1 “presumption favoring recall and resentencing” is not a presumption for a particular sentence, and that the trial court retains discretion to impose sentence without any further application of the presumption. The court remands on the limited issue of whether to apply excess custody credits to appellant’s restitution fines and parole period.
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