P.

P. v. Baca CA1/3

Good Law
Court of Appeal of CaliforniaJuly 25, 2013A136662California1,101 words

Opinion

Opinion

STATEMENT OF FACTS

On July 22, 2011, defendant tried to purchase a motorcycle with a forged check. He pleaded no contest to forgery (§ 470, subd. (d)) and admitted serving a prior prison

1 All further section references are to the Penal Code except as noted.

1 term (§ 667.5). In exchange for his plea, other charges were dismissed and defendant was granted probation. Defendant was arrested a year later on suspicion of unlawfully taking a motor vehicle (Veh. Code, § 10851) and charged with violating his probation. Defendant admitted the probation violation and probation was reinstated on condition that he serve nine months in county jail. Defendant was awarded custody credit of 27 days and conduct credit of 13 days for time served between his arrest on July 21, 2012, and disposition on August 16, 2012.

DISCUSSION

Operative October 1, 2011, the Realignment Act amended section 4019 to enhance the rate at which defendants may earn conduct credits from two days for every four days in custody to two days for every two days in custody. (See People v. Rajanayagam (2012) 211 Cal.App.4th 42, 48-49 [describing statutory amendments].) The Legislature expressly stated that the amendment…

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