P. v. Johnson
In August 2011 defendant Robert Charles Johnson pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted he had served four prior prison terms (Pen. Code, § 667.5, subd. (b)). A strike allegation (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) was stricken on the prosecutor’s motion.[1]
In September 2011 defendant was sentenced to state prison for seven years. Execution of sentence was suspended and defendant was placed on probation for three years on the following conditions, among others: that he serve a period of incarceration and complete a one-year residential treatment program.
In December 2011 a petition was filed alleging defendant violated his probation by committing a robbery. (§ 211.) In February 2012 he pleaded no contest to misdemeanor battery (§ 242), and the trial court found him in violation of his probation. Probation was revoked and execution of the prison sentence was ordered. Defendant was awarded 174 days’ custody credit and 87 days’ conduct credit. Defendant objected unsuccessfully that recent legislation and principles of equal protection entitled him to an additional 87 days’ conduct credit.
On appeal, defendant claims recently amended section 4019, operative October 1, 2011, entitles him to a “bifurcated†award of conduct credit, and equal protection requires that current section 4019 be applied retroactively to this case. We affirm.
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