What are the consequences of a trial court's failure to award presentence conduct credit for a violent felony defendant?

California, United States of America

The following excerpt is from People v. Gonzalez, 2d Crim. No. B279207 (Cal. App. 2018):

A defendant is generally entitled to conduct credits for presentence custody. (People v. Whitaker (2015) 238 Cal.App.4th 1354, 1357-1360; see Pen. Code, 4019, subd. (a)(1).) If the defendant is convicted of a violent felony, conduct credits are limited to 15 percent of the days spent in custody. (Pen. Code, 2933.1, subd. (c); see Pen. Code, 667.5, subd. (c) [defining violent felony].) A trial court's failure to award a defendant presentence conduct credit is a jurisdictional error that may be corrected at any time. (People v. Karaman (1992) 4 Cal.4th 335, 345, fn. 11.)

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