Moon

Defendant was convicted by a jury of second degree murder (Pen. Code, § 187, subd. (a)) stemming from a drunken driving incident in which a passenger in defendant’s car was killed. (Unless otherwise designated, section references that follow are to the Penal Code.) The trial court suspended imposition of sentence and granted defendant formal probation for a period of 12 years, with four years in county jail. The court thereafter entered an order denying defendant conduct credits for his time in county jail, pursuant to section 2933.2.

Defendant appeals the order denying conduct credits, arguing section 2933.2 applies only to those who are sentenced to prison. We disagree and affirm the order.

Facts and Proceedings

Because defendant does not appeal the underlying judgment and sentence, the facts may be briefly stated. Defendant was drinking and smoking marijuana one evening and later drove through a residential area at speeds in excess of 100 miles per hour. He lost control of his vehicle and crashed. A passenger in the vehicle was killed. An hour after the incident, defendant’s blood-alcohol level was 0.19 percent.

Defendant was charged with second degree murder and…