In Re Carr

I. Introduction

Defendant, Mark Anthony Carr, has filed a habeas corpus petition challenging the award of presentence conduct credits he received in a case where he was placed on probation. Purportedly pursuant to Penal Code section 2933.1, defendant was awarded only 15 percent conduct credits against the time actually spent in custody. We conclude that the 15 percent limitation on preprobation and sentence conduct credits in section 2933.1 is inapplicable when the accused is placed on probation. We therefore issue our writ of habeas corpus.

II. Factual and Procedural Background

Defendant was charged with one count of lewd conduct with a child under the age of fourteen in violation of section 288, subdivision (a). On June 3, 1998, defendant pled no contest pursuant to a plea bargain and was placed on probation for five years. One of the terms of probation required that defendant spend one year in the county jail. He was given credit for 172 days served in custody prior to the probation and sentence hearing. However, over the objection of defense counsel, the trial court, acting pursuant to section 2933.1, awarded defendant only 15 percent presentence conduct credits as…