Error and/or relief
The defendant is entitled to one additional day of credit for time served.
Holding:
The court awarded 42 days of actual custody credit spent between the date of his conviction and the date of sentencing, but apparently did not recognize that he spent one more day in custody before posting bail the day he was arrested. Presentence actual custody credits include the day of arrest, and any day spent even partially in custody counts for a full day of credit.
The defendant is entitled to a day of actual custody credit for the time that he spent in jail on the day of his arrest. Accordingly, we will order the judgment modified to reflect that the defendant is entitled to 43 days of actual custody credits and six days of conduct credits. (Conduct credit is limited to 15% because he was convicted of a violent felony, and section 2933.1 therefore applies.)
Authority:
PEN 2933.1
People v. Rajnayagam (2012) 211 Cal.App.4th 42, 48
People v. Valdes (2020) 53 Cal.App.5th 953, 955