Daniels

Here we hold that conduct credits against a defendant’s prison sentence attributable to a jail term served as a condition of probation are limited by Penal Code section 2933.1, subdivision (c) (section 2933.1(c)). Frank Daniels was convicted of residential burglary and placed on probation. When probation was revoked and Daniels was sentenced to state prison, the trial court limited conduct credits against his prison sentence to 15 percent of his actual custody time. (§ 2933.1(c).) Daniels contends that conduct credits he was awarded for time spent in local custody as a condition of his probation must be determined without the section 2933.1(c) limitation. We affirm.

Procedural History

After pleading no contest, Daniels was convicted of two counts of first degree residential burglary. (§§ 459, 460.) The charge alleged that a person other than an accomplice was present in the residence during the commission of the burglary. (See § 667.5, subd. (c)(21).) The trial court suspended imposition of sentence and placed Daniels on three years’ probation. One of the conditions of probation was that he serve 365 days in county jail. In addition to the time spent in actual custody…