Sylvester

Defendant, Jim Otis Sylvester, was convicted by jury of second degree murder and possession of a firearm by a felon. In addition, it was found he personally used a firearm during the commission of the murder. He appeals, claiming the trial court erred in admitting evidence of a prior bad act. In addition, defendant asserts two sentencing errors. The published portion of our opinion is confined to a discussion of whether the conduct credit limitation found in Penal Code section 2933.1 pertains only to custody days following conviction. We determine it does not, and we affirm the judgment in all respects.

Facts

Discussion

I., II.

HI.

Conduct Credits

The trial court calculated defendant’s conduct credits under Penal Code section 2933.1. This section provides:

Defendant asserts that the credit limitations of Penal Code section 2933.1 apply only to credits earned after the date a person is convicted of a violent felony. Defendant claims he is entitled to preconviction credits under the more liberal provisions of Penal Code section 4019.

“ ‘In construing a statute, our first task is to look to the language of the statute itself. . . . When the language is clear and…