P.
P. v. Luera CA5
Opinion
Opinion
DISCUSSION
Under section 2900.5, a person sentenced to state prison for criminal conduct is entitled to presentence custody credits for all days spent in custody before sentencing.
Except as otherwise indicated, all statutory references are to the Penal Code. We use the term “strike” as a synonym for “prior felony conviction” within the meaning of the “three strikes” law (§§ 667, subds. (b)-(i), 1170.12), i.e., a prior felony conviction or juvenile adjudication that subjects a defendant to the increased punishment specified in the three strikes law. Both parties have requested that we take judicial notice of the record in appellant‟s earlier appeal. We grant those requests. (Evid. Code, §§ 459, subd. (a), 452, subd. (d).)
2 (§ 2900.5, subd. (a).) In addition, section 4019 provides for what are commonly called conduct credits, i.e., credits against a prison sentence for willingness to perform assigned labor (§ 4019, subd. (b)) and compliance with rules and regulations (§ 4019, subd. (c)). (People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.) Section 4019 has undergone numerous amendments in the past few years. Under the version in effect prior to January 25,…