P. v. Bahr
Gregory Lee Bahr pleaded guilty to domestic violence with corporal injury (Pen. Code, § 273.5, subd. (a)), use of a deadly weapon within the meaning of Penal Code section 12022, subdivision (b)(1), and two prison priors within the meaning of Penal Code section 667.5, subdivision (b).[1] As part of a plea agreement, Bahr agreed to a three-year prison term, and the trial court awarded Bahr presentence custody and conduct credits totaling 393 days.
Bahr subsequently filed a motion contending that under the amended version of Penal Code section 4019 (hereinafter “amended section 4019â€) he was entitled to additional presentence conduct credits. The trial court denied the motion and Bahr now appeals. He argues that amended section 4019 should be interpreted to apply to days he was in custody after the statute’s effective date of October 1, 2011 (§ 4019, subd. (h)) even though he committed his offense before that date (April 4, 2011). Bahr also contends that failure to interpret the statute in this way violates equal protection. We disagree and conclude amended section 4019 does not apply to crimes committed before the effective date of October 1, 2011, and the distinction does not constitute an equal protection violation. We therefore affirm the trial court’s denial of the motion.
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