P.

P. v. Lee CA4/1

Good Law
Court of Appeal of CaliforniaApril 10, 2013D062096California2,766 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

On April 3, 2012, Andre Shamone Lee pled guilty to one count of domestic

violence with corporal injury (Pen. Code, § 273.5, subd. (a))1 (count 1), and admitted

having suffered a prior strike conviction within the meaning of section 667, subdivisions

Unless otherwise specified, all subsequent statutory references are to the Penal Code. (b) through (i), and section 668. That same day, the trial court sentenced Lee to a

stipulated sentence of six years in state prison. The trial court awarded Lee a total of 313

days of custody credits, including 209 days of actual custody credits, and 104 days of

conduct credits. The trial court also imposed a restitution fine in the amount of $240, and

imposed and stayed a parole revocation restitution fine in the same amount.

On appeal, Lee contends that the trial court violated the ex post facto clauses of

the state and federal constitutions in imposing the restitution and parole revocation

restitution fines. Lee also claims that he is entitled to additional conduct credits for jail

time served after October 1, 2011, pursuant to an amendment to section 4019. We reject

Lee's claims and affirm the…

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