Tinker

Defendant Alan Charles Tinker pleaded no contest to transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and possession of methamphetamine for sale (Health & Saf. Code, § 11378), and admitted prior controlled substance conviction enhancement allegations *1504 (Health & Saf. Code, § 11370.2, subd. (c)). 1 The court imposed concurrent two-year terms for the two substantive counts and a consecutive three-year term for one of the prior conviction enhancements. Defendant was awarded 198 days of actual custody credit and 98 days of conduct credit. On appeal, he argues that the trial court violated Penal Code section 654 2 by imposing prison terms for both substantive counts, and he claims that the trial court erred in failing to award him additional conduct credit under former section 2933, subdivision (e). The Attorney General concedes that defendant was eligible for the additional conduct credit he seeks under former section 2933, subdivision (e) but argues that only California’s Department of Corrections and Rehabilitation (the CDCR) had the power to award such credit. We agree with defendant on both points and modify the judgment accordingly.

I.…