Does section 3.3(2) of the California Criminal Code (i.e. Section 3.4) allow offenders to continue to receive conditional discharge credits while awaiting sentence?
California, United States of America
The following excerpt is from People v. Mattingly, H036139 (Cal. App. 2011):
themselves while awaiting their sentence. A bigger carrot (i.e., increased conduct credits) is not the same thing as a smaller stick (i.e., lesser penalty). Thus, the January 2010 amendment does not provide the necessary " 'clear and unavoidable implication negat[ing] the presumption [of prospective operation],' " set forth in section 3. (Evangelatos v. Superior Court, supra, 44 Cal.3d at p. 1208.)
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