P. v. Robles-Alejo
Amendments to Penal Code section 4019, effective April 4, 2011, and operative October 1, 2011 (hereafter, April 2011 amendments),[1] increased the amount of conduct credits certain felons could earn for the time they spent in presentence custody, but only after the operative date. Appellant Juan Gustavo Robles-Alejo argues that equal protection principles require retroactive application as well.
While this appeal was pending, our Supreme Court decided People v. Brown (June 18, 2012, S181963) ___ Cal.4th ___ [12 C.D.O.S. 6697 ] (Brown). Brown holds that prospective-only application of 2009 amendments to section 4019 did not violate equal protection. We find Brown dispositive of Robles-Alejo’s equal protection challenge here.[2]
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