Caddick

In April 1983, defendant pled guilty to receiving, concealing, and withholding stolen property (Pen. Code, § 496) and was sentenced to state prison for the upper term of three years. He was credited with 66 days presentence time served in county jail (Pen. Code, § 2900.5) and 33 days good behavior and participation credits (Pen. Code, § 4019), for a total credit of 99 days.

Defendant’s sole contention on appeal is that he is entitled to one-for-one worktime credit for the 66 days served in county jail, pursuant to Penal Code section 2933. Defendant reasons that had he posted bail and served those 66 days in state prison following conviction, he would have been *49 entitled to full worktime credit under section 2933. Relying on People v. Sage (1980) 26 Cal.3d 498, 507 [ 165 Cal.Rptr. 280 , 611 P.2d 874 ], he urges that it contravenes equal protection of the law to deny him the same credit for presentence time in county jail. Further that denial of one-for-one credit is a violation of due process in that pretrial detainee-felons may forego the right to a trial to avoid serving time for which only limited credit is given. We disagree and shall affirm the…

I concur in the result.

I concur in the result because the defendant was subject to the same criteria for credit in prison as in jail. So far as the record in this case is concerned, the defendant was not assigned to and did not do any work as a pretrial detainee. It is conceded that he received the one-third credit provided by Penal Code section 4019. That is the identical credit he would receive under Penal Code section 2933 as a prison inmate for whom no work is available. It provides: if a prison inmate “is . . . not assigned to a full-time [work] assignment . . . [he] shall receive no less credit than is provided under Section 2931,” to wit a maximum one-third credit. Thus, a pretrial detainee without work is entitled to the same credit as a prison inmate without work. That, of course, poses no equal protection problem.

I do note an odd twist in the strands of equal protection theory. In People v. Saffell (1979) 25 Cal.3d 223 [ 157 Cal.Rptr. 897 , 599 P.2d 92 ] the (MDSO) inmate was not entitled to equal credit because he was subject to *55 rehabilitation. In this case the majority say the pretrial detainee is not entitled to equal credit because he is not subject to…

In April 1983, defendant pled guilty to receiving, concealing, and withholding stolen property (Pen. Code, § 496) and was sentenced to state prison for the upper term of three years. He was credited with 66 days presentence time served in county jail (Pen. Code, § 2900.5) and 33 days good behavior and participation credits (Pen. Code, § 4019), for a total credit of 99 days.

Defendant's sole contention on appeal is that he is entitled to one-for-one worktime credit for the 66 days served in county jail, pursuant to Penal Code section 2933. Defendant reasons that had he posted bail and served those 66 days in state prison following conviction, he would have been entitled to full worktime credit under section 2933. Relying on People v. Sage (1980) 26 Cal.3d 498, 507 [ 165 Cal. Rptr. 280 , 611 P.2d 874 ], he urges that it contravenes equal protection of the law to deny him the same credit for presentence time in county jail. Further that denial of one-for-one credit is a violation of due process in that pretrial detainee-felons may forego the right to a trial to avoid serving time for which only limited credit is given. We disagree and shall affirm the…