McNamee

Defendant was convicted by a jury of second degree murder. The jury found defendant personally used a firearm to commit the crime, pursuant to Penal Code section 12022.5, subdivision (a). The court sentenced defendant to 15 years to life for the murder and to 10 years, consecutively, for the firearm use.

Defendant’s only contention on appeal is that the court improperly failed to award him presentence conduct credits pursuant to Penal Code section 4019 on the ground that, because he was convicted of murder, Penal Code section 2933.2, subdivision (c) made him ineligible for such credits. Defendant agrees section 2933.2 barred credits against his indeterminate sentence of 15 years to life but contends the statute did not bar credits against the 10-year determinate part of his sentence imposed pursuant to Penal Code section 12022.5, subdivision (a). We conclude section 2933.2 bars presentence conduct credits against the determinate part of a sentence as well as the indeterminate part. Accordingly, we affirm the judgment.

I

Factual and Procedural Background

The underlying facts are not relevant to the issue on appeal, so we recite them summarily. On October 1, 1999,…