Caceres

Moisés Enrique Caceres appeals from the judgment entered following his plea of no contest to committing a lewd act upon a child (Pen. Code, § 288, subd. (a); count l) and his admission to having suffered a prior serious felony conviction (§ 667, subd. (a)(1)) and a strike under the “Three Strikes” law (§ 667, subds. (b)-(i)) and the Three Strikes initiative (§ 1170.12, subds. (a)-(d)). He was sentenced to prison for the total term of twenty-one years, comprised of a sentence of double the eight-year upper term on his conviction, plus five years for the prior serious felony enhancement. He was awarded 480 days precommitment credit, consisting of 418 days actual custody and 62 days conduct credit.

Appellant contends the trial court erred in limiting his precommitment conduct credit to 15 percent of his actual confinement time in county jail because the Three Strikes initiative preempted the 15 percent conduct credit limitation of section 2933.1. He urges that, as a defendant sentenced under the Three Strikes initiative, he is entitled to precommitment conduct credits pursuant to section 4019 and to the 20 percent postcommitment credit limit in section 1170.12, subdivision…