People v. Tubb CA2/6

DISCUSSION

Tubb is entitled to four days of presentence conduct credit for the four days he spent in custody. When Tubb committed his crimes (between September 28, 2010, and October 1, 2011), conduct credits for defendants convicted of felonies and sentenced to state prison were governed by section 2933, former subdivision (e)(1). (Stats. 2010, ch. 426, § 1.) That version authorized day-for-day conduct credits: "Notwithstanding Section 4019 . . . a prisoner sentenced to the state prison under Section 1170 for whom the sentence is executed shall have one day deducted from his or her period of confinement for every day he or she served in a county jail . . . from the date of arrest until state prison credits pursuant to this article are applicable to the prisoner." (§ 2933, former subd. (e)(1).) Tubb’s prior convictions are not disqualifying convictions under section 2933, former subdivision (e)(3), because they were not serious or violent. (§§ 1192.7, subd. (c), 667.5, subd. (c).)

DISPOSITION

The trial court is directed to modify the judgment and amend the abstract of judgment to reflect that Tubb is awarded four days custody credit and four days conduct credit for a total of…