P.

DISCUSSION

Section 4019, which affects the calculation of conduct credits, has undergone several legislative changes in recent years. The trial court awarded conduct credits pursuant to the January 25, 2010, version and awarded 319 actual days plus 158 conduct credit days. In 2011, section 4019 was amended to provide a more generous conduct credit calculation (day for day) than the formula provided in the January 25, 2010,

Unless otherwise indicated, all further statutory references are to the Penal Code. Prior to sentencing the court held a Marsden hearing (People v. Marsden (1970) 2 Cal.3d 118), which was denied. The court also held appellant’s motion to withdraw his plea, which was denied. Neither of these orders is challenged on appeal.

2. version. The 2011 amendment expressly applies to persons whose crimes were “committed on or after October 1, 2011.” (§ 4019, subd. (h).) Since appellant’s offense occurred on August 3, 2010, the express language of the 2011 amendment would exclude appellant from its application. However, appellant contends that equal protection principles require retroactive application of the amendment. Appellant’s brief noted that…