Bravo
People v. Bravo
Opinion
Lead Opinion
Johnson, J.
*731 Opinion
Defendant Martin Ariaga Bravo appeals from his conviction for burglary. The sole issue on appeal is whether the trial court correctly calculated the number of presentence custody credits pursuant to Penal Code section 4019.
The Courts of Appeal are presently in conflict on the calculation of presentence conduct credits. (Cf. In re Allen (1980) 105 Cal.App.3d 310 [ 164 Cal.Rptr. 319 ]; viz. People v. Smith (1989) 211 Cal.App.3d 523 [ 259 Cal.Rptr. 515 ].) We conclude the proper method of calculation is that adopted by the Smith court. This method provides that if a defendant qualifies for both good time and work time presentence credits, these credits are calculated by dividing the number of actual presentence custody days by four and then multiplying this number by two (one day for good time and one day for work time). There is no credit given for days remaining after dividing by four.
Using this method of calculation, we conclude appellant is not entitled to additional conduct credits. However, appellant is entitled to an additional three days of actual custody credit. The judgment is therefore modified to reflect these additional credits.