P. v. Schaefer
Defendant Thomas Allen Schaeffer seeks remand for calculation and award of conduct credits under Penal Code section 2933.[1] The People agree that defendant should receive conduct credits, but argue that section 4019, not 2933, is the provision under which they should be calculated.
We will find that, because of his validly-executed waiver, defendant is not entitled to any section 4019 credits and whatever section 2933 credits are due him must be calculated by the secretary of the California Department of Corrections and Rehabilitations (CDCR) from the date the relevant subdivision became effective until the date defendant was sentenced to prison.
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