P. v. Ortiz
In 2009, the Legislature amended Penal Code[1] section 4019 to increase the presentence custody credits available to convicted offenders, but the amendment denied the increased credits to offenders who were required to register as a sex offender or had a prior serious felony conviction. Defendant Alfredo Ortiz was subject to both disqualifications.
The prosecution alleged defendant's prior convictions in the information, but it did not submit them to the jury or otherwise prove them formally. Nonetheless, on stipulation of defendant's attorney, the trial court denied him the increased custody credits available under the amendment to section 4019. Defendant contends the prosecution was required to prove the prior convictions because the denial of additional custody credits constituted an increase in his period of incarceration. Finding no legal basis for his contention, we affirm.
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