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P. v. Baca

Defendant Theodore Guy Baca was confined to county jail as a condition of probation and awarded conduct credit for time served in custody between his arrest and disposition. (Pen. Code, § 4019.)[1] Under the current statutory provision, which was in effect at the time defendant was awarded credits, the rate at which conduct credits are awarded is determined by the date a crime is committed with a higher rate applied to crimes committed on or after October 1, 2011. (§ 4019, subd. (h); Stats. 2011-2012, 1st Ex. Sess., ch. 12, § 35.) Defendant’s crime was committed before this date, making him ineligible for enhanced credits. He contends that this disparate treatment violates constitutional guarantees of equal protection and due process. (U.S. Const., 5th & 14th Amends.) With some misgivings, we reject the contention and shall affirm the order.

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