People v. Hicks CA5

DISCUSSION

I. Penal Code Section 4019

Under California law, criminal defendants are entitled to credit against their sentence for all days spent in custody while awaiting trial or sentencing. (Pen. Code, § 2900.5, subd. (a); People v. Rajanayagam (2012) 211 Cal.App.4th 42, 48 (Rajanayagam).) Custody credit is calculated from the date of arrest through the time of sentencing. (Rajanayagam, supra, at p. 48.) Penal Code section 4019 provides for additional presentence credits based on work time and good behavior, collectively referred to as “conduct credit,” and specifies the rate at which such credit can be earned. (Pen. Code, § 4019, subds. (a), (b) & (c); People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.) “In conjunction with the ‘2011 Realignment Legislation addressing public safety,’ [Penal Code] section 4019 was amended to provide for deductions for every four days of confinement, so that if all possible days are earned, four days will now be deemed served for every two days of actual confinement.” (People v. Ellis (2012) 207 Cal.App.4th 1546, 1549 (Ellis), internal citations omitted). This formula applies “to prisoners who are

The cases are Fresno County…