MacK

BLEASE, Acting P.J.

In this case we determine the appropriate measure and procedure for the award of conduct credits for time served in prison prior to the invalidation of a judgment of conviction.

A jury convicted defendant Anthony Karl Mack of second degree robbery committed in 1995 and he was sentenced to prison. A federal district court granted his writ of habeas corpus and directed that the judgment of conviction be vacated for failure to allow defendant to represent himself at his jury trial. Upon return to the trial court defendant entered a negotiated plea of guilty to the second degree robbery and was awarded credit on his new sentence only for the actual days of prior prison custody. The trial judge declined to determine the standards by which conduct credits should be awarded for the time spent in prison and referred the matter to the California Department of Corrections (CDC) for its determination.

We shall conclude that, because his conviction was invalidated, defendant was required by statute to be placed in the same position as if no trial had been had. Pursuant to that policy defendant's time in prison custody must be treated as preconviction custody. Although…