Alcala
People v. Alcala
Opinion
Opinion
—In late 1969 defendant entered his plea of guilty to second degree burglary. After suspending criminal proceedings, on February 13, 1970, defendant was found to be a narcotic addict and was committed to the California Rehabilitation Center.
Criminal reinstatement was ordered on December 3, 1976, and on December 23, 1976, defendant was sentenced to state prison for the term prescribed by law with 2,559 days of credit.
It is defendant’s position that he was entitled to the benefits of the Uniform Determinate Sentencing Act. The trial court did not err in sentencing defendant in compliance with the law as it stood at the time of sentencing which was more than six months prior to the operative date of the act (July 1, 1977).
Defendant urges we remand to the trial court for resentencing pursuant to the act because his judgment is not final and he is entitled to the benefit of the changes in the law. The cases relied upon by defendant, such as In re Estrada, 63 Cal.2d 740 [ 48 Cal.Rptr. 172 , 408 P.2d 948 ], involve ameliorative enactments in which the Legislature made no express statement as to its intent regarding prospectivity or retroactivity. In those cases an implied…