People v. James CA3

DISCUSSION

I. Conduct Credits

The trial court did not award defendant any presentence conduct credits at the time of sentencing. During the pendency of this appeal, defendant requested the trial court award conduct credits. The trial court denied the request, finding, “Sacramento County Sheriff’s personnel calculate conduct credit for local/county jail commitments and a defendant may be subject to loss of some or all of that time due to errant behavior. The court will calculate pre-sentence conduct credit on cases where state prison is imposed.”

2 Defendant contends, and the People agree, defendant is entitled to 32 days of presentence conduct credit pursuant to section 4019. We concur and shall order the judgment to be modified accordingly.

Section 2900.5, subdivision (a) provides, in pertinent part, “In all felony . . . convictions, . . . when the defendant has been in custody, including, but not limited to, any time spent in a jail, . . . hospital [or] prison, . . . all days of custody of the defendant, . . . shall be credited upon his or her term of imprisonment . . . .” “For the purposes of this section, ‘term of imprisonment’ includes any period of imprisonment imposed…