Narrative Opinion Summary
In this case, the defendant, charged with discharging a firearm at an inhabited dwelling and possession of a firearm by a felon, entered a guilty plea and was sentenced to 8 years and 8 months in prison. The defendant challenged the calculation of his presentence custody and conduct credits. He argued for an additional day of credit, asserting entitlement to 147 days of presentence custody credit under Penal Code section 2900.5, which includes the day of sentencing. The court agreed and modified the judgment to reflect 147 days of presentence custody credit. Additionally, the defendant contended for an extra day of conduct credit under Penal Code section 4019. However, the court held that conduct credits must be computed in 4-day increments, affirming that the award of 72 days was correct. The judgment was amended only to account for the additional day of presentence custody credit and was otherwise affirmed.
Legal Issues Addressed
Calculation of Conduct Credits under Penal Code Section 4019subscribe to see similar legal issues
Application: The court clarified that conduct credits should be calculated in increments of 4 days, confirming that the defendant was correctly awarded 72 days of conduct credit based on his actual custody of 147 days.
Reasoning: For conduct credit, Browning argued for an additional day under Penal Code section 4019. The court clarified that conduct credits should be calculated in increments of 4 days, as per the legislative intent and case law, leading to a determination that he was correctly awarded 72 days based on his actual custody of 147 days.
Presentence Custody Credits under Penal Code Section 2900.5subscribe to see similar legal issues
Application: The court applied Penal Code section 2900.5 to determine that the defendant was entitled to an additional day of presentence custody credit by including the day of sentencing.
Reasoning: The court addressed his claim for presentence custody credit, agreeing that he should receive credit for 147 days due to the inclusion of the sentencing day, in alignment with Penal Code section 2900.5 and supported by case law.