Does section 2933.2 of the California Criminal Code apply to a defendant who was subsequently convicted of murder?

The trial court did not calculate defendant's conduct credits and instead, referred the matter to the probation department to calculate defendant's presentence conduct credits. The abstract of judgment indicates defendant was awarded 4,231 days for actual time in custody prior to sentencing. No conduct credits were awarded. Although section 2933.2 prohibits the awarding of presentence conduct credits under section 4019 to one subsequently convicted of murder ( 2933.2, subd. (c)), subdivision (d) of the same statute limits its application: "This section shall only apply to murder that is committed on or after the date on which this section becomes operative." ( 2933.2, subd. (d).) The effective provision did not go into effect until June 3, 1998. (People v. Chism (2014) 58 Cal.4th 1266, 1336.) The murder in this matter occurred in 1997, prior to the effective date of section 2933.2.