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Name: People v. Eusebio
Case #: B216149
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 06/18/2010
Subsequent History: rev. granted 9/22/10, (S184957)

Amended Penal Code section 4019 is not retroactive. The appellate court upheld the denial of a request for additional credits under revised section 4019. The court agreed with the analysis in People v. Hopkins (2010) 184 Cal.App.4th 615, which found it determinative that another part of SB 18 which amended credits under section 2933.3 had an express retroactivity clause.
Prospective application of amended section 4019 does not violate equal protection. The court also agreed with the Hopkins analysis on the equal protection argument. The court found In re Kapperman (1974) 11 Cal.3d 542, distinguishable because that case involved custody credits, not conduct credits. Similarly, In re Sage (1980) 26 Cal.3d 498 is distinguishable because, while it addressed section 4019, the disparate treatment was based on a defendant’s status as a misdemeanant or a felon.