Opinion
NOT TO BE PUBLISHED
Super. Ct. Nos. CM022447, CM023381, CM027807, CM030673
SCOTLAND, P. J.
In December 2004, a police officer detained defendant Jason Michael Parrish while he was pushing a stolen motor scooter. Defendant admitted knowing it was stolen. (Case No. CM022447.) In May 2005, defendant was seen taking a Honda Accord parked next to a gas pump while the owner was inside the store. (Case No. CM023381.) He entered negotiated pleas of no contest to receiving stolen property (Pen. Code, § 496, subd. (a); case No. CM022447) and unlawfully driving or taking a vehicle (Veh. Code, § 10851; case No. CM023381), and was placed on probation with various conditions.
In August 2007, defendant was arrested for possessing methamphetamine, and provided false identification to a police officer. He entered negotiated no contest pleas to possessing methamphetamine and providing false information to a peace officer (Health & Saf. Code, § 11377, subd. (a); Pen. Code, § 148.9, subd. (a); case No. CM027807.) Based up his plea in case No. CM027807, the court revoked defendant’s probation in case Nos. CM022447 and CM023381. Sentencing defendant in all three cases, the court imposed a term of four years four months, suspended proceedings pursuant to section 3051 of the Welfare and Institutions Code, and committed defendant to the California Rehabilitation Center (CRC).
In March 2009, police stopped defendant’s vehicle and found that it contained 24.74 grams of methamphetamine, several small plastic bags, a digital scale, and a cell phone. Defendant entered a negotiated plea of no contest to possessing methamphetamine for sale (Health & Saf. Code, § 11378; case No. CM030673). Sentencing defendant in all four cases, the trial court imposed a state prison term of five years, with 51 days of presentence credit (35 days of actual custody credit and 16 days of conduct credit) in case No. CM027807, plus 39 days of presentence credit (27 days of actual custody credit and 12 days of conduct credit) in case No. CM030673, plus 397 days of credit for CRC custody.
In an opening brief filed one day before this court issued miscellaneous order No. 2010-002, deeming a defendant to have raised the issue without briefing, defendant tenders only one contention--the recent amendments to Penal Code section 4019 (hereafter section 4019) apply to the presentence credits to which he is entitled. We agree.
DISCUSSION
The amendments to section 4019 apply to all appeals pending as of January 25, 2010, including defendant’s appeal. (See In re Estrada (1965) 63 Cal.2d 740, 745 [amendment to statute lessening punishment for crime applies “to acts committed before its passage provided the judgment convicting the defendant of the act is not final”]; People v. Hunter (1977) 68 Cal.App.3d 389, 393 [applying the rule of Estrada to amendment allowing award of custody credits]; People v. Doganiere (1978) 86 Cal.App.3d 237 [applying Estrada to amendment involving conduct credits].)
Defendant is not among the prisoners excepted from additional accrual of credit. (§ 4019, subds. (b)(2) and (c)(2); Stats. 2009, 3d Ex. Sess., ch. 28, § 50.) Thus, having served 35 days of actual custody in case No. CM027807, defendant is entitled to 34 days of conduct credit rather than the 16 days awarded by the trial court. Having served 27 days of actual custody in case No. CM030673, he is entitled to 26 days of conduct credit, not 12 days as awarded by the trial court.
DISPOSITION
The judgment is modified to reflect that defendant is entitled to 69 days of presentence custody credits in case No. CM027807 (35 days of actual custody credit plus 34 days of conduct credit) and 53 days of presentence custody credits in case No. CM030673 (27 days of actual custody credit and 26 days of conduct credit). As modified, the judgment is affirmed. The trial court is directed to amend the abstract of judgment to reflect this modification and to send a certified copy of the amended abstract to the Department of Corrections and Rehabilitation.
We concur: BUTZ, J. CANTIL-SAKAUYE, J.