The opinion of the court was delivered by: Mauro J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Gary Allen Dickerson pleaded no contest to assault with means likely to cause great bodily injury and the trial court placed him on three years felony probation. When defendant subsequently violated probation, the trial court sentenced him to four years in state prison but mistakenly awarded him "zero" presentence credits.
Defendant contends on appeal that, pursuant to his negotiated plea agreement, he is entitled to presentence custody credits for the days he spent incarcerated after his plea agreement and before sentencing. The People concede this point.
Defendant also contends that his conduct credits must be calculated pursuant to the rate specified in the amendments to Penal Code section 4019 effective January 25, 2010. We conclude that defendant is entitled to conduct credits calculated at the rate specified in the subsequent September 28, 2010, amendments to Penal Code section 2933.
A criminal complaint was filed against defendant in Yuba County Superior Court charging him with assault with a deadly weapon (count one), assault with means likely to cause great bodily injury (count two), battery (count three), and reckless driving (count four). Subsequently, defendant and the prosecution reached a conditional plea agreement pursuant to which defendant pled no contest to count two, a nonstrike offense, with the understanding that the sentence imposed would not include immediate confinement in state prison. Defendant also pled no contest to a misdemeanor driving under the influence charge in a separate case.
At a hearing on December 15, 2008, the court accepted the conditional plea agreement to which certain terms were added. Among the additional terms was the following credit waiver the prosecution had requested and negotiated with defense counsel:
"THE COURT: Do you also agree to waive any past or future custody credits that are accrued by you because of either enrollment in a residential rehab program or that you've accrued to date?
"THE COURT: Do you join, Counsel?
"[DEFENSE COUNSEL]: Yes, ...