Garcia

I. INTRODUCTION

A jury convicted defendant, Paul Garcia, of making criminal threats (Pen. Code, 1 § 422), a serious felony. (§ 1192.7, subd. (c)(38).) Defendant made the criminal threats on May 28, 2010. The trial court found defendant had sustained one prior serious felony conviction. (§ 667, subd. (a)(1).) Defendant was sentenced to six years four months in state prison. Defendant was sentenced on January 26, 2011.

Defendant was in presentence custody for 244 days from May 28, 2010, to January 26, 2011. Prisoners in local presentence custody earn credit against their state prison terms for good conduct and agreeing to perform labor as directed by the sheriff. (People v. Brown (2012) 54 Cal.4th 314, 317 [ 142 Cal.Rptr.3d 824 , 278 P.3d 1182 ]; People v. Austin (1981) 30 Cal.3d 155, 163 [ 178 Cal.Rptr. 312 , 636 P.2d 1 ].) Over the past several decades, computing presentence conduct credits has been a fairly straightforward, albeit sometimes taxing, ministerial duty. But between October 11, 2009, and September 20, 2011, Governor Arnold Schwarzenegger or Edmund G. Brown, Jr., signed five legislative bills which concern the calculation of presentence conduct *533 credits.…