Error and/or relief
The defendant is entitled to three additional days of credit for time served.
Holding:
Based on calculations, the defendant was in custody for three days longer than the amount granted by the trial court. As for conduct credit, PC 2933.1 limits the amount of presentence conduct credit to 15% of the actual period of presentence confinement. If the 15% results in a number that includes a partial day, the conduct credit is not rounded up (because that would exceed 15%), and partial days cannot be awarded.
Authority:
PEN 2900.5
PEN 2933.1
People v. Valenti (2016) 243 Cal.App.4th 1140, 1184
People v. Ramos (1996) 50 Cal.App.4th 810, 815–816