P. v. Hatch
Defendant committed his crime in June 2011, and on July 18, 2012, pleaded no contest to second degree commercial burglary (Pen. Code, § 459),[1] and petty theft with a prior (§ 666). He also admitted that he had served five prior prison terms (§ 667.5, subd. (b)), and that he had suffered two prior strike convictions (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). Subsequently, the trial court granted defendant’s Romero motion as to his two strikes, and sentenced defendant to prison for six years. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) The court granted defendant presentence credits based on the version of section 4019 in effect when he committed his crime.
On appeal, defendant contends that he is entitled to additional presentence conduct credits. He claims that the trial court correctly calculated his conduct credits under the former version of section 4019 for the period of June 2011 until September 30, 2011, but that it should have calculated his conduct credits including and after October 1, 2011, under the current version of section 4019. We reject defendant’s argument but conclude that the trial court’s calculation of presentence custody credit is incorrect, and modify the judgment to increase his presentence custody credit from 251 to 255 days.
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