Verba

People v. Verba

Caution
148 Cal. Rptr. 3d 847·2012 Cal. App. LEXIS 1143·210 Cal. App. 4th 991·2012 WL 5353548
Court of Appeal of CaliforniaOctober 31, 2012No. B236054California2,181 words

Opinion

Lead Opinion

Rothschild, J.

Defendants who committed their crimes on or after October 1, 2011, are eligible for presentence conduct credits calculated on the basis of two days of conduct credit for every two days of actual custody. (Pen. Code, § 4019, subds. (b), (c) & (f).) 1 Defendants whocommitted their crimes prior to October 1, 2011, are eligible for conduct credits at the previous rate of two days for every four days in custody. (§ 4019, subd. (h).) Appellant, who committed his crime in April 2010, contends that affording him a lower level of conduct credits solely because he committed his crime prior to October 1, 2011, violates his constitutional right to the equal protection of the laws. We conclude that the right to equal protection does not prevent the Legislature from limiting the increased level of presentence conduct credits to detainees who committed their crimes on or after the October 1, 2011 operative date of the statute. We therefore uphold appellant’s sentence.

FACTS AND PROCEEDINGS BELOW

In August 2011, the trial court sentenced Mark Verba for the crime of failing to register as a sex offender in April 2010. A defendant is entitled to accrue presentence custody credits under…

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