Case 001060

Error and/or relief

The defendant is entitled to one additional day of conduct credit.

Holding:

The trial court awarded 4 days of conduct credit, under the 15% limit set by section 2933.1 for defendants convicted of a violent felony within the meaning of section 667.5(c). However, 15% of the actual days in custody results in 5.85. Thus, the defendant should have received 5 days as conduct credit, not 4 days.

Authority:

PEN 2933.1

PEN 667.5(c)

People v. Guillen (1994) 25 Cal.App.4th 756, 764 [erroneous computation of presentence credits are subject to correction by the trial court or the appellate court when presented]