P.

P. v. Klure CA4/3

Good Law
Court of Appeal of CaliforniaMarch 4, 2013G046022California1,153 words

Opinion

Opinion

Bedsworth, J.

FACTS

In July 2011, appellant was charged with possessing marijuana for sale and possessing Oxycontin. He initially pleaded not guilty, but on October 6, he changed his plea to guilty, pursuant to a negotiated plea agreement. Per that agreement, the court suspended imposition of sentence and placed appellant on probation. The court also ordered appellant to pay a $133.75 booking fee and to serve 180 days in jail. It awarded appellant 109 days of presentence credit, based on 73 days of actual custody, plus 36 days of conduct credit. I Appellant’s first claim requires little discussion. He admits that since he committed his crimes prior to October 1, 2011, he does not come within the ambit of a statutory amendment that became effective on that day that allows inmates to receive presentence conduct credit at the rate of one day for every day spent in custody. (Pen. Code, § 4019, subd. (h) [amendment applies prospectively to inmates whose crimes occurred on or after October 1, 2011].) However, he claims that to deny him the benefit of that amendment based solely on the date he committed his crimes would violate equal protection. Similar claims have been turned down in a number of…

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