P. v. Regalado
On April 8, 2009, defendant and appellant Dominic Francis Regalado pled guilty to elder abuse under Penal Code[1] section 368, subdivision (b)(1). On May 15, 2009, the trial court granted defendant probation for a period of five years.
On March 26, 2010, the trial court found defendant in violation of numerous terms of probation. The court, therefore, revoked and terminated defendant's probation. Thereafter, the trial court sentenced defendant to the low term of two years in state prison with credit of 395 days for time served. Defendant's sole contention on appeal is that he is entitled to additional presentence conduct credits pursuant to amended section 4019 that became effective on January 25, 2010.[2] We conclude that the trial court erred in applying a two-tiered division of the presentence conduct credits.
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