P. v. Fuentes
Defendant and appellant Alice Tomasa Fuentes appeals after she pleaded guilty to possession of a controlled substance. She was placed on supervised probation for drug offenders pursuant to Proposition 36 (Pen. Code, § 1210 et seq.).[1] She was eventually sentenced to state prison after several probation violations. On appeal she raises the sole contention that amendments to section 4019, providing for enhanced behavior credits against a state prison sentence, should be applied to her. While this court has held in other cases that the amendments to the conduct credits provisions are not retroactive, here defendant was not sentenced until after the effective date of the amendments, and thus the case does not involve retroactivity as such. The amended statute was in effect at the time of defendant's sentence, and thus she should have received credits under the new scheme. We therefore modify and affirm the judgment.
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