P.

INTRODUCTION

Following an earlier conviction for indecent exposure and resentencing related thereto, defendant Ernest Joseph Sims contends that he should have been awarded additional conduct credits pursuant to Penal Code1 section 4019, and that the trial court‘s failure to award the additional credits amounts to a violation of his equal protection rights. Respondent contends the conduct credits awarded by the trial court in February 2012 were proper. The court will affirm the judgment.

RELEVANT PROCEDURAL BACKGROUND

In September 2011, this court found that defendant‘s prior separate convictions for violations of section 245, subdivision (a)(1), and section 243, subdivision (d) did not qualify as strikes. (People v. Sims (Sept. 29, 2011, F059833) [nonpub. opn.].) Thus, defendant‘s 25 years-to-life sentence was vacated, the judgment was otherwise affirmed, and the matter was remanded to the trial court for resentencing, or at the People‘s election, retrial regarding the prior strike allegations. Following remittitur, the Kern County District Attorney elected not to seek a retrial of the strike priors. Accordingly, the parties agreed that defendant should be resentenced. On…