People v. Phillips CA3

DISCUSSION

We dispense with a detailed factual recitation as unnecessary to the resolution of this appeal. Suffice it to say that defendant was sentenced to 19 years in state prison pursuant to a plea agreement under which he pleaded no contest to assault with a semiautomatic firearm (§ 245, subd. (b)) and admitted personal use of the firearm in the commission of the assault (§ 12022.5) in exchange for a dismissal of other charges. The trial court awarded defendant 345 days of presentence custody credit for his time actually spent in custody (actual credit), but declined to award defendant any presentence conduct credit (conduct credit), finding defendant was not entitled to conduct credit under section 2933.1 because he “did not satisfactorily perform work as assigned by the sheriff and refused to satisfactorily comply with the reasonable rules of the sheriff, as evidenced by the numerous disciplinary reports documented in the probation report.” Pursuant to section 4019, a defendant is entitled to conduct credit unless the defendant fails to perform labor as directed by or to comply with the rules and regulations of the custodial facility. Section 2933.1, subdivision (c) limits…