People v. King

Opinion

BEST, P. J.

Perry Eugene King appeals from the judgment entered on a jury verdict convicting him of discharging a firearm at an occupied building (Pen. Code,

1

§ 246). In the published portion of the opinion we reject his contention that he is entitled to two additional days of conduct credit under section 4019 and the principle of equal protection of the laws.

Statement of Facts

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Discussion

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Custody Credits

Defendant received 47 days of actual custody credit and 22 days of good-time/work-time credit for a total of 69 days. He contends he is entitled to two additional days of conduct credit. Citing

People

v.

Perez

(1989) 216 Cal.App.3d 1346, 1348 [265 Cal.Rptr. 400] and

People

v.

Scroggins

(1987) 191 Cal.App.3d 502, 508 [236 Cal.Rptr. 569], he calculates his conduct credits by dividing the number of days in custody, 47, by 2 (47 divided by 2

[885]

equals 23.5), adding that figure to 47 for a total of 70.5 and “rounding up” for a total of 71.

The conduct credit statute, section 4019, subdivisions (b) and (c), state for each six-day period in which a prisoner is confined, one day shall be deducted from his period of confinement for satisfactorily performing labor, and one day shall be deducted for compliance with the rules and regulations of the facility. “If all days are earned under this section, a term of six days will be deemed to have been served for every four days spent in actual custody.” (§ 4019, subd. (f).)