P. v. Moats
A jury convicted Anthony Moats of burglary (Pen. Code, § 459)[1] and possession of a forged check (§ 475, subd. (c)). The court sentenced him to eight years in prison. On appeal, Moats contends the court erred by imposing a two-year sentence for an enhancement based on committing the current offense while out on bail on a case that was subsequently dismissed. He also contends the statutory construction of section 4019 and principles of equal protection entitle him to additional presentence custody credits. We conclude the court improperly imposed an additional two-year sentence for an out-on-bail enhancement on a case that was subsequently dismissed, and remand for resentencing. We also conclude that under the rules of statutory construction, the enhanced conduct credit provision of section 4019 applies only to defendants who committed their crimes on or after October 1, 2011, and section 4019 does not violate principals of equal protection. (U.S. Const. 14th Amend.; Cal. Const., art. I, § 7, subd. (a).) The judgment is affirmed in part, reversed in part and remanded for resentencing.
Comments on P. v. Moats