Cruz

MEMORANDUM **

California state prisoner David R. Cruz appeals the district court’s denial of his 28 U.S.C. § 2254 petition. Cruz contends that the state court miscomputed the amount of good time credit for time served he was entitled to by applying a section of the California Penal Code that became effective after the date of his crimes in violation of the Ex Post Facto Clause.

We affirm the district court.

I

Cruz pleaded guilty to 47 counts of committing lewd or lascivious acts on a child under 14 in violation of California Penal Code § 288(a). Count One charged acts that were alleged to have occurred between January 1, 1994 and May 31, 1994; the other 46 counts charged acts that were alleged to have occurred after January 1, 1995. The trial court sentenced Cruz to the maximum of 36 years and gave Cruz a total of 340 days of pretrial custody cred *521 its-296 actual days and an additional 15 percent, or 44 days, as “good time work credits” pursuant to California Penal Code § 2933.1.

Cruz claims that application of § 2933.1 to Count One constituted a violation of the Ex Post Facto Clause of the United States Constitution, and the trial court’s failure to inform him of his…