P.

FACTS

Defendant committed first degree burglary on June 26, 2011. On December 9, 2011, he pled no contest to that charge and was immediately sentenced to serve a term in state prison for two years. He was awarded 217 days of presentence custody credits, consisting of 145 days actually served plus 72 days for good conduct. The trial court calculated the conduct credits at the rate in existence at the time he committed the offense.2

DISCUSSION

Operative October 1, 2011, the Realignment Act amended section 4019 to enhance the rate at which defendants could earn conduct credits from two days for every four days actually served (former § 4019) to two days for every two days actually served (amended § 4019, subd. (f)). The Realignment Act also added subdivision (h) to section 4019, which provides: “The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to [specified facilities] for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.” On appeal, defendant contends he is entitled to have…