Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CRF 09-599
NICHOLSON, J.
In exchange for the dismissal of several other counts, defendant John Thomas Collins pleaded no contest to one count of second degree burglary. He was sentenced to the upper term of three years and the following fines and fees were imposed: restitution fines of $600 in accordance with Penal Code sections 1202.4, subdivision (b), and 1202.45; a $30 court security fee (Pen. Code, § 1465.8); a $38 penalty assessment fine (Pen. Code, § 1202.5), and a $30 conviction assessment fee (Gov. Code, § 70373). Defendant was given credit for 153 days actually served plus 152 days for conduct credit.
FACTUAL BASIS FOR PLEA
Police officers responded to a call from an owner of a vacant residence. The owner reported that two individuals had just left the residence and were not supposed to be occupants. The police intercepted the two individuals, one of whom was defendant who was wearing the owner’s denim jacket.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests that this court review the record and determine whether it reflects any arguable issue on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of the filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
We have reviewed the record in its entirety and find only one error. Defendant was sentenced on May 21, 2010, and was awarded 153 days for actual credit plus 152 days for conduct credit. This calculation was obviously based upon the formula set forth in amended Penal Code section 4019, effective January 25, 2010, which provided for eligible defendants to receive two day’s conduct credit for every two days actually served. However, under equal protection principles, defendant is entitled to one additional day of conduct credit pursuant to the amendment to Penal Code section 2933, effective September 28, 2010, which provides eligible defendants with one day of conduct credit for each presentence day actually served.
DISPOSITION
The Yuba County Superior Court is directed to prepare an amended abstract of judgment reflecting that defendant has 153 days of conduct credit and to forward a certified copy to the Director of the Department of Corrections and Rehabilitation. In all other respects the judgment is affirmed.
We concur: BLEASE, Acting P. J., MAURO, J.