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Name: People v. House
Case #: B212057
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 04/09/2010
Subsequent History: rev. granted 6/23/10 (S182813)

The amendment to Penal Code section 4019 regarding presentence custody credits must be applied retroactively to eligible defendants whose convictions were not final on the date of enactment. While the appeal was pending, the Legislature amended section 4019, which changed the calculation of presentence conduct credit. The Legislature did not include a savings clause, nor it expressly indicate whether the amendment applies retroactively. But the Court of Appeal found the plain language of the statute indicates the amendment lessens punishment: before the amendment, a defendant received one day of credit for each six-day period of confinement, and as amended a defendant now receives one day of credit for each four-day period. Consequently, per In re Estrada (1965) 63 Cal.2d 740, the defendant receives the benefit of the mitigation of punishment if the criminal conviction is not yet final. The appellate court remanded to the trial court for recalculation of credits.