Zaragoza

Certified for Partial Publication. [*]

Defendant, David Victor Zaragoza, appeals from his conviction for assault on a child under the age of eight causing death (Pen.Code, [1] § 273ab) and second degree murder. (§ 187, subd. (a).)

Defendant has been convicted of both assault on a child under the age of eight causing death (§ 273ab) and second degree murder (§ 187) arising out of the same incident. The trial court stayed the sentence for second degree murder pursuant to section 654, subdivision (a). [2] The deputy district attorney argued that defendant's award of presentence conduct credits should be limited to 15 percent pursuant to section 2933.1. The trial court calculated the amount of time served in custody prior to the imposition of sentence to be 333 days which included 111 days of conduct credits. In other words, the trial court concluded that defendant was entitled to two days of conduct credits for every four days spent in county jail awaiting sentencing as contemplated by section 4019. (See People v. Heard (1993) 18 Cal.App.4th 1025, 1028 , 22 Cal.Rptr.2d 684 ; e.g., People v. Fabela (1993) 12 Cal. App.4th 1661, 1664 , 16 Cal.Rptr.2d 447 .) It is the…