Lara

People v. Lara

Good Law
144 Cal. Rptr. 3d 169·2012 Cal. LEXIS 6822·54 Cal. 4th 896·2012 WL 2924149·281 P.3d 72
Supreme Court of CaliforniaJuly 19, 2012S192784California4,041 words

Opinion

Opinion

Werdegar, J.

Effective January 25, 2010, the Legislature increased the rate at which prisoners in local custody could earn “conduct credits” against their term of confinement for work and good behavior. (Pen. Code, former § 4019, subds. (b)(1), (c)(1) & (f), as amended by Stats. 2009, 3d Ex. Sess. 2009-2010, ch. 28, § 50 (hereafter former section 4019).) The Legislature withheld this possibility of early release, however, from any prisoner who was required to register as a sex offender (see § 290 et seq.), was committed for a serious felony (see § 1192.7), or had a prior conviction for a serious or violent felony (see §§ 667.5, 1192.7). (Former § 4019, subds. (b)(2), (c)(2).) We granted review to decide whether a court may award credits at the increased rate to a categorically disqualified prisoner by ignoring the disqualifying facts. Defendant contends the court has that authority as an aspect of its discretionary power to dismiss a criminal action “in furtherance of justice.” (§ 1385, subd. (a); see generally People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530-531 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ]; People v. Burke (1956) 47 Cal.2d 45, 50-51 [ 301 P.2d 241 ].) We…

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