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Name: People v. Norton
Case #: A123659
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 05/05/2010
Subsequent History: rev. granted 8/11/10 (S183260)

The amendment to Penal Code section 4019 applies retroactively to eligible defendants whose convictions were not final on the date of enactment. In deciding whether amended section 4019 should apply retroactively, the court debated whether the general presumption of prospectivity (Pen. Code, § 3) or the rule established in In re Estrada (1965) 63 Cal.2d 740, giving a defendant the benefit of an amendatory statute reducing punishment, controlled. The court concluded section 4019, as amended, lessened punishment because it reduces the overall time in prison, so Estrada principles controlled. The court awarded appellant additional credits.