The trial court erred in failing to award presentence custody credits under Penal Code section 4019 because defendant’s current and prior assault with a firearm convictions did not qualify as violent felonies. Defendant pleaded no contest to one count of assault with a firearm and admitted a prior 2012 conviction for the same offense. Defendant argued on appeal the trial court erred in not awarding him presentence custody credits under section 4019. Held: Affirmed as modified to award credits under section 4019. Where a defendant has been in custody prior to sentencing, the defendant shall be given presentence credits pursuant to section 4019. Penal Code section 2933.1 creates an exception to this general rule stating that defendants convicted of a violent felony listed in Penal Code section 667.5(c) shall accrue no more than 15 percent of worktime credit. Assault with a firearm is not a violent felony listed in section 667.5(c). Therefore, the limitation on presentence credits in section 2933.1 does not apply to defendant. While not qualifying as violent felonies, defendant’s assault charge and prior strike qualify as serious felonies subject to credit limitations under Penal Code section 1170.12. However, these credit limitations on those sentenced under the Three Strikes law do not apply to presentence custody credit. [Editor’s Notes: (1) The court held a certificate of probable cause was not required because the appeal does not challenge the validity of the plea but raises only a claim that the presentence credits were miscalculated. (2) Also, dismissal was not required under Penal Code section 1237.1, which requires credits issues to be first raised in the trial court, because trial counsel expressly requested credits under section 4019 at the sentencing hearing.]

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/B318732.PDF