Ellis
People v. Ellis
Opinion
Lead Opinion
Detjen, J.
In this opinion, we hold the amendment to Penal Code section 4019 that became operative October 1, 2011 (hereafter the October 1, 2011, amendment) applies only to eligible prisoners whose crimes were committed on or after that date. Such prospective-only application does not run afoul of rules of statutory construction or violate principles of equal protection.
PROCEDURAL HISTORY
In Kern County Superior Court case No. BF135285A, defendant Thomas Bryant Ellis was charged with offenses committed on January 16, 20ll. 1 In case No. BF137801A, he was charged with offenses committed on July 26 and 27, 2011.
*1549 On September 9, 2011, defendant entered into a plea agreement that disposed of both cases. In return for an indicated aggregate sentence of four years, defendant pled no contest, in case No. BF135285A, to second degree burglary, and admitted having served two prior prison terms. (Pen. Code, §§ 460, subd. (b), 667.5, subd. (b).) 2 In case No. BF137801A, he pled no contest to unlawfully taking a vehicle (Veh. Code, § 10851, subd. (a)) and resisting an executive officer (Pen. Code, § 69).
On October 13, 2011, defendant was sentenced in both cases to jail, pursuant to…