Can a violent felony defendant receive credit against his term of imprisonment for time served in custody prior to sentencing?

Section 2900.5 provides, as relevant here, that a defendant receives credit against his term of imprisonment for time served in custody prior to sentencing as stated in section 4019. ( 2900.5, subd. (a).) Pursuant to section 4019, a defendant is entitled to an award of presentence conduct credit unless the defendant fails to perform labor as directed by or to comply with the rules and regulations of the custodial facility. ( 4019, subds. (a)(1), (b)-(c).) For defendants convicted of a violent felony, such as defendant, section 2933.1 acts as a limit on presentence conduct credit authorized by section 4019, capping the maximum credit at 15 percent of the actual period of confinement. ( 2933.1, subd. (c); People v. Brewer (2011) 192 Cal.App.4th 457, 462.) Thus, pursuant to these sections, defendant is entitled to an award of 66 days of presentence conduct credit. However, the trial court declined to award any presentence conduct credit, determining that defendant was statutorily ineligible pursuant to section 2933.5.