P.

DISCUSSION

Appellant Roberto Garcia was arrested in the summer of 2010 and charged with four counts of selling or offering to sell methamphetamine. It was also alleged he had a prior conviction for a serious or violent felony. Appellant entered into a plea bargain admitting one count, and the trial court dismissed the three remaining counts. The court sentenced appellant to three years in state prison. In calculating appellant’s presentence custody credits, defense counsel noted appellant had served 50 days in actual custody. Therefore, according to counsel, appellant was entitled to 50 days of good time/work time conduct credit under the version of Penal Code section 4019 (§ 4019) then in effect. That version awarded a prisoner two days of conduct credit for each two days served.1 The court disagreed. It ruled appellant was entitled to only “regular presentence credits” of two days conduct credit for every four days served because he had a prior serious felony conviction in 1989 for shooting at an inhabited dwelling. Appellant objected to the court’s reliance on his prior conviction to reduce his conduct credits because appellant had not admitted, nor had the People proved, the…