P. v. Evans
On August 22, 2011, defendant Ronald Evans was arrested following numerous alleged instances of domestic violence between him and his then girlfriend. He was acquitted of the domestic violence charges but convicted of possession of a firearm by a felon. On November 17, the trial court sentenced him to five years in state prison, awarding him 105 days credit for time served, comprised of 88 actual days in custody and 17 conduct credits.
On appeal, Evans challenges the trial court’s calculation of his credits on two separate grounds. First, he contends that the trial court erroneously limited his conduct credits to 20 percent of his actual days in custody, a limitation, he claims, applicable only to postsentence conduct credits. Second, he argues that the trial court should have applied a “hybrid†calculation to his time in custody, applying one formula for the period ending September 30, and a different formula for the period commencing October 1. This was so, he reasons, because the statute governing conduct credits was amended effective October 1, 2011, becoming more favorable to defendants on that date.
We agree with Evans’s first argument and reject his second. We order the abstract of judgment amended to reflect 44 days of conduct credits, for a total of 132 credits. In all other regards, we affirm.
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