The Fourth Appellate District affirmed a judgment as modified. The court held that a defendant who was sentenced after the amendment of a statute providing for an increase in presentence conduct credit was entitled to the benefit of the amended law for the entirety of his presentence incarceration, even though a portion of that incarceration predated the effective date of the amended statute.
On February 18, 2010, Salvador Zarate pleaded no contest to selling or transporting marijuana. He was sentenced to two years in prison. The trial court awarded Zarate 69 days of actual custody credit for time spent incarcerated prior to sentencing. The court awarded Zarate an additional 22 days of conduct credit for the 44 days of incarceration which predated January 25, 2010, and 24 days of conduct credit for 25 days in actual custody on and after that date.
