People v. Hicks CA3

DISCUSSION

I. Conduct Credits – Section 2933.

A. Procedural Background2 The trial court found defendant spent 569 days in presentence custody. According to the probation report, defendant was held in juvenile hall for 259 days. At sentencing, defense counsel asked the trial court not to apply the section 2933.1 limitation on custody credits to the time spent in juvenile hall. The trial court declined the request, and imposed the 15 percent limitation in section 2933.1 on the entirety of defendant’s presentence custody. B. Analysis Defendant contends he is entitled to additional presentence credit at a rate specified under section 4019 because section 2933.1, which limits presentence conduct credits for violent felony convictions to 15 percent, does not apply to time spent in juvenile hall. We disagree. Defendant’s argument requires an analysis of three statutes: section 2900.5, subdivision (a), section 2933.1, and section 4019. Defendant relies primarily on section 2900.5, subdivision (a), which states in pertinent part: “In all felony…convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail,

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