P.

P. v. Vega CA3

Good Law
Court of Appeal of CaliforniaAugust 8, 2013C071069California712 words

Opinion

Opinion

DISCUSSION

The facts underlying defendant’s crimes need not be set forth because they are not relevant to our resolution of this appeal. Defendant contends he is entitled to additional conduct credits for presentence custody served on or after the October 1, 2011, effective date of the Realignment Act. We disagree. Defendant’s claim addresses the award of credits in case No. 10-2728, in which defendant was awarded 1053 days’ presentence credit (703 actual and 350 conduct) for time served from May 30, 2010, until defendant was sentenced on May 1, 2012. Defendant committed the crime in case No. 10-2728 on May 30, 2010. Under the law in effect at the time, a defendant with a current or prior strike conviction was entitled to earn two days’ presentence conduct credit for every four days of presentence custody. (Former § 4019, as amended by Stats. 2009, 3d Ex. Sess., ch. 28, § 50.) The Realignment Act amended the law, entitling defendants to two days of conduct credits for every two days of presentence custody. (§ 4019, subds. (b), (c), (f).) The award of credits is not reduced by a defendant’s current or prior conviction for a serious felony. The provision contains a savings clause,…

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