People v. Pyles CA4/2

DISCUSSION

Defendant argues, the People concede, and this court agrees, that the trial court

erred in failing to award him 88 days of pre-trial conduct credit pursuant to sections 4019

and 2933.1.

The California Supreme Court has stated: “‘[T]he court imposing a sentence’ has

responsibility to calculate the exact number of days the defendant has been in custody

‘prior to sentencing,’ add applicable good behavior credits earned pursuant to section

All section references are to the Penal Code unless otherwise indicated.

2 4019, and reflect the total in the abstract of judgment. (§ 2900.5, subd. (d) . . . .)”

(People v. Buckhalter (2001) 26 Cal.4th 20, 30.)

Section 4019, subdivision (f) provides that “a term of four days will be deemed to

have been served for every two days spent in actual custody” for all days spent in local

custody from the date of arrest to the sentencing date. For “violent felonies,” however,

the credit is limited to 15 percent of the actual custody time. (§ 2933.1, subd. (c).)

Defendant pled guilty to violating section 288.7, subdivision (b). Because this crime

involved penetration, it is a “violent felony” under section 667.5, subd. (c)(11)…