Rajanayagam

Ajit Bernard Rajanayagam appeals from a judgment after he pled guilty to elder and dependent adult abuse (Pen. Code, § 368, subd. (b)(1)) 1 (count 1), and aggravated assault (§ 245, subd. (a)(1)) (count 2). Rajanayagam argues the trial court erred in failing to award him enhanced presentence conduct credits under the current iteration of section 4019, amended pursuant to the Criminal Justice Realignment Act of 2011 (Realignment Act), and thus he is entitled to additional conduct credits. We disagree and affirm the judgment.

FACTS

On August 20, 2011, Rajanayagam grabbed his octogenarian mother by the neck, pushed her to the ground, and restrained her by holding her neck. Police officers arrested him the following day.

On October 31, 2011, the trial court reduced counts 1 and 2 to misdemeanors, and Rajanayagam pled guilty to both offenses. In his sentencing brief, Rajanayagam asserted he was entitled to section 4019 conduct credit under two formulas: (1) from the date of the offense to September 30, 2011, at the rate required by the prior law, and (2) from October 1, 2011, forward at the rate required by the current law. He claimed that pursuant to principles of…