P. v. Walker
In September 2011, defendant Michelle Sophia Walker pled no contest to two counts of first degree burglary (Pen. Code, §§ 459, 460, subd. (a))[1] and admitted that she knew each victim was age 65 years or older (§ 667.9, subd. (a)). In exchange, 19 related counts were dismissed with a Harvey waiver.[2] Defendant was sentenced to prison for four years eight months and was awarded 361 days’ custody credit and 180 days’ conduct credit.
On appeal, defendant contends principles of equal protection entitle her to additional presentence conduct credit. Specifically, she claims the October 2011 amendment to section 4019 must be applied retroactively so that her 361 days’ custody credit entitle her to 361 days’ conduct credit. We affirm.
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