APPEAL from the Superior Court of San Bernardino County. Jon D. Ferguson, Judge.
The opinion of the court was delivered by: McKinster J.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Affirmed in part; reversed in part.
On August 12, 2009, defendant and respondent Joe Ambro Garcia entered a Target store with the intent to commit a theft. On August 20, 2009, defendant was charged with second degree burglary under Penal Code*fn1 section 459.
On October 26, 2009, pursuant to a plea agreement, defendant pled guilty to violating section 459, in exchange for a maximum sentence of 16 months in prison.
On December 15, 2009, defendant was placed on 36 months of probation, on the condition that he serve 365 days in county jail, with credit for time served of two days.
On January 29, 2010, at a post-disposition hearing, defendant raised the issue of eligibility for additional credits under amended section 4019. On March 5, 2010, the trial court determined that defendant was entitled to credits under amended section 4019 and ordered briefing on the issue to be filed, with a further hearing to be conducted on March 19, 2010.
On March 19, 2010, the trial court granted defendant's motion for recalculation of section 4019 credits; the court ruled that credits should be calculated under the amended provisions of that section.
On April 7, 2010, the People timely filed their notice of appeal. On appeal, the People contend that amended section 4019, effective January 25, 2010, applies prospectively, and therefore defendant's presentence conduct credits must be recalculated under section 4019, prior to ...