P. v. Duncan
Defendant Joseph Dangelo Duncan, Sr., appeals the sentence imposed following his plea of no contest to driving under the influence of alcohol and resisting arrest, and his admission that he had sustained a prior drunk driving conviction, two prior strike convictions, and had served four prior prison terms.
Defendant contends the October 1, 2011, amendments to Penal Code section 4019[1] increasing presentence conduct credits must be applied to him retroactively and the failure to do so constitutes a violation of equal protection. Following the California Supreme Court’s decision in People v. Lara (2012) 54 Cal.4th 896, 906, footnote 9 (Lara), we reject defendant’s contention. Defendant also contends the trial court failed to properly delineate the fines and fees imposed and the statutory bases for those fines and fees. Relying on People v. High (2004) 119 Cal.App.4th 1192 (High), the People properly concede this point. Accordingly, we remand the matter and direct the trial court to amend the abstract of judgment with a proper delineation of the fines and fees imposed upon defendant. In all other respects, we affirm the judgment.
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