People v. Sanders CA3

DISCUSSION

I. Conduct Credits

Section 4019, subdivision (c) in effect at the time of defendant’s sentencing provided that a court shall award conduct credits “unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.” Defendant contends the trial court violated state and federal due process guarantees by deducting five days of local conduct credits without prior written notice and an evidentiary hearing. He argues that a remand to recalculate those credits is therefore required. The Attorney General agrees, but we disagree and conclude the contention is forfeited. According to the probation report, defendant had earned 261 actual days of presentence custody credit. It noted that because defendant was convicted of a violent felony, he would be entitled to only 15 percent conduct credits (§ 2933.1, subd. (c)). The report also noted that while in jail, defendant had participated in a fight, but did not suggest reducing conduct credits for that behavior. At sentencing, the trial court stated: “I note in the probation…