The People v. Orozco CA2/7

DISCUSSION

Orozco contends, the People acknowledge and we agree the trial court erred in calculating his award of presentence custody credits as 526 days rather than as 701 days. Orozco’s crimes were committed on December 13, 2011 and January 13, 2012, well after the effective date of the current version of section 4019. Accordingly, Orozco is entitled to the current one-for-one credit or an additional 175 days of conduct credits under section 4019, subdivision (f).

DISPOSITION

The judgment is modified to reflect that Orozco has earned 701 days of presentence custody credits, consisting of 351 days in actual custody and 350 days of conduct credits. The superior court is directed to prepare an amended abstract of judgment and to forward it to the Department of Corrections and Rehabilitation. As modified the judgment is affirmed.

WOODS, J.

We concur:

PERLUSS, P. J. SEGAL, J.*

* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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