P. v. Ramos
In May 2006 defendant Angel Hernandez Ramos pled no contest to spousal abuse. (Pen. Code, § 273.5, subd. (a).) In exchange for his plea, defendant was sentenced to formal probation for three years.
In June 2009 defendant violated his probation by consuming alcohol and was sentenced to the middle term of three years in state prison for the underlying conviction. He was awarded 149 days' custody credit and 74 days' conduct credit pursuant to Penal Code section 4019 (hereafter section 4019). The court subsequently filed an amended abstract of judgment reflecting 177 days' custody credit and 88 days' conduct credit.
Defendant's sole contention on appeal is that the January 2010 amendments to section 4019 apply retroactively to his pending appeal, entitling him to additional presentence conduct credits.[1] We agree and shall modify the judgment accordingly.
The amendments to section 4019 apply to all appeals, including defendant's, pending as of January 25, 2010. (See In re Estrada (1965) 63 Cal.2d 740, 745 [amendment to statute lessening punishment for crime applies â€
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