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Name: People v. Whitaker
Case #: D065729
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/29/2015

Two-for-two, not one-for-one, formula applies to determine the number of presentence conduct credits defendant is entitled to under Penal Code section 4019. During Whitaker’s sentencing, the trial court awarded him 326 days of conduct credits under section 4019 and 327 days of actual custody credits. Whitaker appealed, arguing that he was entitled to day-for-day credits under section 4019 and therefore should have been awarded 327 rather than 326 conduct credits. Held: Affirmed. Section 4019 specifies the rate at which prisoners in local custody may earn good conduct credits. Subdivision (f) provides, “It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.” Thus, the plain language of section 4019 refutes Whitaker’s argument. Section 4019 has never been interpreted to allow for day-for-day conduct credits. (See In re Marquez (2003) 30 Cal.4th 14, 25-26.) Although section 2933, former subdivision (e) did provide for a day-for-day calculation of credits at one point, that provision was later repealed, and the former version did not apply in this case. Further, the enactment of section 2933, former subdivision (e) does not evidence the Legislature’s intent to reject the formula outlined in Marquez for calculating custody credits.