People v. Hicks CA5

Filed 1/30/15 P. v. Hicks CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F067286

v. (Super. Ct. Nos. F10500189, F11902849, F11904015) DENNIS LEE HICKS, OPINION Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Houry Sanderson, Judge. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and John W. Powell, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Levy, Acting P.J., Gomes, J., and Detjen, J.

Defendant Dennis Lee Hicks was convicted of various charges in three cases for offenses he committed in November 2009 and March and April 2011.1 On appeal, he contends (1) additional presentence credits should be awarded to him based upon the amendment to Penal Code section 4019 and (2) his two convictions for transporting methamphetamine should be reversed based upon the amendment to Health & Safety Code section 11379.2 We reverse the convictions for transporting methamphetamine and affirm in all other respects. DISCUSSION I. Penal Code Section 4019 Under California law, criminal defendants are entitled to credit against their sentence for all days spent in custody while awaiting trial or sentencing. (Pen. Code, § 2900.5, subd. (a); People v. Rajanayagam (2012) 211 Cal.App.4th 42, 48 (Rajanayagam).) Custody credit is calculated from the date of arrest through the time of sentencing. (Rajanayagam, supra, at p. 48.) Penal Code section 4019 provides for additional presentence credits based on work time and good behavior, collectively referred to as “conduct credit,” and specifies the rate at which such credit can be earned. (Pen. Code, § 4019, subds. (a), (b) & (c); People v. Dieck (2009) 46 Cal.4th 934, 939, fn. 3.) “In conjunction with the ‘2011 Realignment Legislation addressing public safety,’ [Penal Code] section 4019 was amended to provide for deductions for every four days of confinement, so that if all possible days are earned, four days will now be deemed served for every two days of actual confinement.” (People v. Ellis (2012) 207 Cal.App.4th 1546, 1549 (Ellis), internal citations omitted). This formula applies “to prisoners who are