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Name: People v. Hul
Case #: G046040
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/29/2013

Defendant whose offense predated October 1, 2011, is entitled to day-for-day presentence credit under former Penal Code section 2933, subdivision (e). Hul’s drug offense was committed on May 26, 2011. After conviction he was sentenced to county jail in early October, 2011. He appealed an award of half time credits. Held: Additional credits awarded. At the time of appellant’s offense, Penal Code section 4019 allowed two days of conduct credit for every four days served, for prisoners sentenced to county jail. At the same time, former section 2933, subdivision (e) provided day-for-day credits for qualified offenders sentenced to state prison. The Realignment Law, effective October 1, 2011, revised section 4019 to accord day-for-day credit for all qualified defendants, whether sentenced to county jail or state prison. This revision applies prospectively only. Subdivision (h) of amended section 4019 requires that the prior law be applied to determine presentence credits earned prior to October 1. Because appellant could not have been sentenced to county jail before October 1, the “prior law” would have resulted in a state prison sentence. Thus, appellant should have been awarded day-for-day credits under former section 2933, subdivision (e).