Payton

Stephen Payton petitions this court for an increased award of custody credits which would have reduced his 90-day jail sentence to 46 days and allowed for a release date of June 22, 2011, instead of his actual *1189 release date of July 7, 2011. 1 Payton pleaded guilty to a Health and Safety Code violation in May 2008, for a crime committed in January 2008, and was sentenced to three years of probation.

On May 17, 2011, he admitted a violation of his probation and was sentenced to 90 days in the Orange County jail. He was awarded 10 days of actual credit and four days of conduct credit. Payton contends he should have been awarded day-for-day conduct credits under the January 25, 2010, amendment to Penal Code section 4019. 2 The trial court denied Payton the additional conduct credits because his crime was committed before the effective date of the amendment. The district attorney argues section 4019 should be applied prospectively. The Attorney General concedes the trial court’s denial of additional conduct credits was error and Payton is entitled to the additional conduct credits. We agree with the Attorney General’s position. The petition is granted.

FACTS

On May 13,…