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Name: People v. Garcia
Case #: B233562
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 09/20/2012

Appellant was not entitled to the more favorable credits under the various amendments to Penal Code sections 4019 and 2933 because he was convicted of a serious felony, had a prior serious felony, and was sentenced before the realignment changes to section 4019 became effective. Appellant was convicted of making a criminal threat (Pen. Code, § 422). A prior serious felony was found true within the meaning of Penal Code section 667, subdivision (a)(1). The offense occurred on May 28, 2010 and appellant was sentenced on January 26, 2011. At sentencing appellant received presentence credits equaling two days of conduct credit for every four days in custody. He appealed, claiming he was entitled to the more favorable credits under amendments to Penal Code sections 4019 and 2933. Held: Affirmed. The Court of Appeal set forth in detail the five amendments to section 4019 and two amendments to section 2933 which have occurred since January 10, 2010. As to each, appellant was either precluded from receiving the more favorable credits because of his present and prior serious felony convictions, or because the amendment was effective after appellant was sentenced. Nothing in the post-January 26, 2011 development of section 4019 (the date appellant was sentenced) applied to appellant so as to entitle him to two days of conduct credit for each two days served. In an unpublished portion of the opinion, the Court of Appeal found no merit to appellant’s contention that failure to apply the October 1, 2011 (realignment) changes to section 4019, denied him equal protection of the law. [Ed. Note: This case contains a good overview of the five separate bills that recently amended § 4019 and two that amended § 2933.]