Error and/or relief
The defendant is entitled to one additional day of credit for time served.
Holding:
A defendant is entitled to actual custody credit for ‘all days of custody’ in county jail and residential treatment facilities, including partial days. He is also entitled to conduct credits at a rate of 50 percent of actual time served.
But, if the defendant’s offense is statutorily defined as violent, section 2933.1(c) limits the presentence conduct credit to 15 percent of actual time served before sentencing.
The defendant was convicted of rape, a violent felony under section 667.5(c)(3). He is therefore entitled to a 15 percent presentence conduct credit. The trial court correctly awarded him 101 days of actual custody credit but only awarded him 14 days, rather than 15 days, of presentence conduct credit Accordingly, the abstract of judgment should be corrected to reflect one additional day of conduct credit.
Authority:
PEN 2900.5
PEN 4019
PEN 2933.1
People v. Rajanayagam (2012) 211 Cal.App.4th 42, 48
People v. Nunez (2008) 167 Cal.App.4th 761, 764