P. v. Blaylock
Defendant Danny Ray Blaylock was convicted by no contest plea in one case (SS101645) of one count of discharge of a firearm with gross negligence in violation of Penal Code section 246.3, subdivision (a).[1] While on probation in that case, Blaylock was convicted by no contest plea in a second case (SS12694) of one count of second degree burglary in violation of section 459, with an admitted prior strike within the meaning of section 1170.12, subdivision (c)(1), his conviction in the first case. In addition, the court found him in violation of probation. Sentence was suspended and he was again placed on probation. Blaylock later admitted yet again violating probation based on a new charge of reckless driving in violation of Vehicle Code section 23103, subdivision (a), a misdemeanor. Probation was revoked and the court sentenced Blayock in both felony cases to a total of four years in prison, consisting of four years in the second case and two years, concurrent, in the first case. The court imposed various fines and fees and it awarded pre-sentence conduct credits under section 4019 in both cases.
On appeal, Blaylock contends on equal protection grounds that he is entitled to additional conduct credit in both cases based on legislative changes to section 4019, which are expressly operative to crimes committed on or after October 1, 2011, a date subsequent to his crimes. We reject this contention and affirm the judgments.
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