P. v. Ruff
Defendant Julius Lee Ruff pled no contest to corporal injury to the parent of one’s child (Pen. Code, § 273.5, subd. (a))[1] and admitted a prior prison term allegation (§ 667.5, subd. (b)). The trial court sentenced defendant to five years in state prison and awarded 121 days of presentence credit (81 actual and 40 conduct).
On appeal, defendant contends (1) the trial court erred in relying on a prior serious felony conviction that was neither pled nor proved to reduce his conduct credits, and (2) he is entitled to additional conduct credits pursuant to the Criminal Justice Realignment Act of 2011 (Realignment Act) (Stats. 2011, ch. 15, § 482) under equal protection principles. Following the California Supreme Court’s decision in People v. Lara (2012) 54 Cal.4th 896 at page 906, footnote 9 (Lara), we reject both contentions. We affirm the judgment.
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