The People v. Murray CA4/2

FACTS AND PROCEDURAL HISTORY

Defendant pleaded guilty in August 2011 to a charge of possession of marijuana

for sale. At the same time, he also admitted a strike prior. Pursuant to a plea agreement,

he was placed on supervised probation, including a condition that he serve one year in

custody.

In July 2012, the People filed a petition to revoke defendant’s probation, based on

several new offenses. Defendant admitted the probation violations. The court imposed

sentence on the original offense, selecting the middle term of two years, doubled to four

2 years based on defendant’s strike prior. The court awarded credits for 292 actual days in

custody, plus 146 days of conduct credits, for a total of 438 days, attributable to his

presentence local custody.

On appeal, defendant urges that he was entitled to additional custody credits.

Penal Code section 40191 was amended to provide that inmates could earn custody

credits at an enhanced rate for crimes committed on or after October 1, 2011. The

amended statute expressly provides that the enhanced earning rate for custody credits was

intended to apply prospectively only. Nevertheless, defendant invokes principles of

equal…