In re Kemp CA3

Filed 10/10/13 In re Kemp CA3 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

In re RANDY KEMP on Habeas Corpus. C064821

(Super. Ct. Nos. 09F06912, 10F01017)

On October 20, 2009, petitioner Randy Kemp pleaded no contest to battery on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a)), and on November 17, 2009, he was sentenced to state prison for two years. He was awarded presentence custody credits of 68 days for actual custody plus 34 days for good conduct. Effective January 25, 2010, the Legislature amended Penal Code section 4019 to provide two days of conduct credit for every two days actually served to a class of prisoners deemed safe for early release from prison.1 But for the effective date of January…