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Good Conduct Credit for Presentence Custody Doubled ? California Penal Code § 4019

By Walin & Klarich

In People v. Keating, No. B210240, the court held that the 2009 amendment to California Penal Code § 4019http://www.wklaw.com applies retroactively to sentences handed down even before the amendment was passed. Keatings appealed his conviction claiming that there was not enough evidence to have found him guilty of several crimes. Between the initial sentencing and the appeal, California Penal Code Section 4019 was amended, which changed the procedure of good conduct credit during presentence custody. Though the court affirmed the conviction, the court found that the amended section 4019 applies retroactively to reduce his prison sentence. Before Section 4019 was amended, the defendant would be entitled to two days of credit for every four days the defendant spent in presentence custody...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 22, 2010 (boomark / email).