P. v. Cobray
Defendant Adrian Devon Corbray was convicted and sentenced to four years in prison on five counts of pimping and pandering. On appeal he contends that he should receive additional conduct credit for presentence confinement pursuant to the October 2011 amendments to Penal Code section 4019 (§ 4019), which took effect after his offenses were committed but before judgment was entered against him. He acknowledges that the amendments included a declaration that they would operate only prospectively, but he seeks to invalidate that declaration on the ground that it violates his right to equal protection of the laws. The Supreme Court has recently held that a defendant seeking the benefit of a previous similar amendment could not satisfy the first requirement of an equal protection challenge with respect to credit earned before the effective date of the amending statute, because he was not situated similarly to those who earned credit after the effective date of the liberalizing amendment. (People v. Brown (2012) 54 Cal.4th 314, 328-329 (Brown).) This decision clearly disposed of defendant’s argument insofar as it concerns credit earned prior to the effective date of the 2011 amendments. Having asked the parties to brief the narrower question whether the decision also disposed of his claim as it concerned time in confinement between the effective date and sentencing, we have concluded that we are constrained by existing authority, including our own decision in People v. Kennedy (2012) 209 Cal.App.4th 385 (Kennedy), to reject defendant’s claim in its entirety. We will therefore affirm the judgment.
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