The People v. Moore CA5

DISCUSSION

Statutory Construction The interpretation of a statute and the determination of its constitutionality are questions of law. In analyzing these questions appellate courts apply a de novo standard of review. (Valov v. Department of Motor Vehicles (2005) 132 Cal.App.4th 1113, 1120.) Section 4019 governs credit to be given to a defendant convicted of a felony for time spent in county jail “from the date of arrest to the date on which the serving of the sentence commences .…” (§ 4019, subd. (a)(1).) Prior to January 25, 2010, presentence conduct credits under section 4019 accrued at a rate of two days for every four days of actual time served in presentence custody. (People v. Kennedy (2012) 209 Cal.App.4th 385, 395 (Kennedy); Stats. 1982, ch. 1234, § 7, p. 4554 [former § 4019, subd. (f)].) An amendment effective from January 25, 2010, to September 28, 2010, increased the rate,

Under the formula applied to defendant, the actual number of custody days are divided by four, the remainder if any is dropped, and the resulting whole number quotient is multiplied by two to obtain the number of conduct credits. (People v. Culp (2002) 100 Cal.App.4th 1278, 1283.)

3 so that…