P. v. Brown
Defendant Sherry Faye Brown pleaded no contest in two proceedings to four felonies (three counts of commercial burglary and one forgery count) with the understanding that she would receive a sentence of no more than five years, four months in prison. On November 9, 2011, in accordance with the negotiated disposition, the court sentenced defendant to an aggregate prison term in both cases of five years, four months. The court ordered that defendant receive a total of 242 days of presentence credits in the two cases, consisting of 162 days of custody credits and 80 days of conduct credits.
Defendant claims on appeal that she is entitled to 82 days of additional conduct credits under the latest amendment to Penal Code section 4019, which expressly provides that it applies to defendants whose crimes were committed on or after October 1, 2011.[1] Here, each of the offenses of which defendant was convicted was committed prior to October 1, 2011. Her primary contention is that, notwithstanding the clear inapplicability of the latest amendment to section 4019, it must be applied retroactively because its prospective application would violate her constitutional right to equal protection of the law. Last year, we rejected an identical equal protection challenge in People v. Kennedy (2012) 209 Cal.App.4th 385 (Kennedy). We therefore will affirm the judgment.
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