P.

DISCUSSION

Defendant admitted having suffered a prior strike conviction, to wit, residential (first degree) burglary. (§§ 459, 460, subd. (a).) First degree burglary constitutes a serious felony under section 1192.7, subdivision (c)(18).

All statutory references are to the Penal Code. The facts are taken from the probation officer’s report.

2. At the time defendant committed his current offense, section 2933 allowed a prisoner sentenced to state prison under section 1170 to have one day deducted from his or her sentence for every day he or she served in a county jail from the date of arrest until state prison credits became applicable, except that section 4019, and not section 2933, applied to a prisoner with a prior conviction for a violent or serious felony. (§ 2933, former subd. (e)(1), (3), as amended by Stats. 2010, ch. 426, § 1, eff. Sept. 28, 2010.) Under section 4019 as it then read, prisoners were entitled to presentence credits in an amount such that six days were deemed to have been served for every four days spent in actual custody. (§ 4019, former subds. (b), (c) & (f), as amended by Stats. 2010, ch. 426, § 2, eff. Sept. 28, 2010, & subd. (g).)…