P.

INTRODUCTION

In September 2011, defendant James A. Hale pleaded guilty to second degree burglary (Pen. Code, §§ 459, 460, subd. (b)),1 fraudulent use of an access card (§§ 484g, subd. (a), 487), possessing a forged driver’s license (§ 470b), using personal identifying information without authorization (§ 530.5, subd. (a)), false personation (§ 529), and misdemeanor falsely identifying himself to a peace officer (§ 148.9). The offenses took place on or about June 8, 2010. Defendant also admitted that he had a prior strike (§§ 667, subds. (b)-(i), 1170.12) and had served four prior prison terms (§ 667.5, subd. (b)). In December 2011, the trial court denied defendant’s Romero motion2 and sentenced him to prison for six years. The court granted defendant 835 days of custody credits, consisting of 557 actual days plus 278 days conduct credit.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 People v. Superior Court (Romero) (1996) 13 Cal.4th 497. On appeal, defendant contends that he is entitled to additional presentence conduct credit pursuant to the version of section 4019 operative October 1, 2011. For reasons that we will explain, we will…