Error and/or relief
The trial court erred in recalculating the defendant’s custody credits. It stated that he spent four days in custody and earned two days of conduct credit. The court, however, awarded only four days. The matter is remanded for recalculation of presentence custody credits. The trial court is directed to prepare an amended abstract of judgment and forward a certified copy to the Department of Corrections and Rehabilitation.
Holding:
Under section 4019(e), a defendant begins to earn conduct credits after being committed for a period of four days or longer. Here, the defendant was in custody for four days and was therefore entitled to two days of conduct credit.
Authority:
PEN 4019