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Name: People v. Zarate
Case #: D056837
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/14/2011
Subsequent History: 5/18/11: review granted (S191676)

Where a defendant is sentenced after the effective date of the amendment to Penal Code section 4019, he receives the benefit of the statute for the entire period of presentence custody regardless of the fact that some of the time in custody occurred prior to the amendment. At appellant's February 2010 sentencing, the trial court awarded presentence conduct credits under two versions of Penal Code section 4019. For time spent in custody before January 25, 2010, the court awarded presentence conduct credits under the formula described by former section 4019, and gave presentence conduct credits under the formula…

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Name: In re Kemp
Case #: C064821
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/27/2011

Equal protection requires that the amendments to Penal Code section 4019 be applied retroactively irrespective of the date a prisoner's judgment becomes final. At issue was whether the 2010 amendments to Penal Code section 4019 should be applied to inmates whose judgments were final before their effective date. The Court of Appeal held that the equal protection clauses of the federal and state constitutions compel retroactive application to this class of people. The two groups of prisoners at issue are similarly situated since the only thing distinguishing them is the date of finality of their judgments. …

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Name: People v. Brewer
Case #: A127746
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 02/01/2011

Defendants who receive indeterminate life sentences are eligible for presentence conduct credit under Penal Code section 4019. Appellant, convicted of two sex offenses, received a sentence of 61 years to life in prison. The court gave him presentence custody credits for actual days of incarceration, but no presentence conduct credits based on the belief these credits were not available to defendants sentenced to an indeterminate life sentence. Appellant argued he was entitled to presentence conduct credits under Penal Code section 4019, although they would be subject to the 15% credit limitation of section 2933.1. The appellate…

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Name: People v. Saibu et al.
Case #: D054980
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/04/2011

When the trial court imposes an aggregate sentence comprised of a term previously imposed that is being served and a current term, it must credit defendant with all actual days in custody, whether in jail or prison, up to the sentencing date. Appellant was convicted and sentenced to prison in case "A." While serving the term on case "A," he was prosecuted and convicted in case "B," and the court sentenced him to a single aggregate sentence comprising both cases. When a defendant has served any portion of time on a sentence that is subsequently modified, such time that he…

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Name: People v. Jones
Case #: C059440
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/03/2010
Subsequent History: Review granted 12/15/10: S187135

When there is reason to believe that criminal activity is ongoing or that evidence of criminality remains on the premises, what otherwise would be stale information presented in a search warrant, may provide probable cause for issuance of the warrant. The victim's purse containing her identifying information was stolen in 2002. In 2004, she received correspondence from collection agencies indicating that her identification had been used to open accounts and there were overdue accounts with AT&T and Liberty Wireless. An overdue account with AT&T had appellant's name and address. Also in 2004, the victim received a letter from Sprint advising…

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Name: In re Pope
Case #: S160930
Court: CA Supreme Court
District CalSup
Opinion Date: 08/19/2010

A defendant is subject to limitations on the earning of time credits when he is convicted of both violent felony or murder, even when the sentence for the violent felony or murder is stayed pursuant to Penal Code section 654. In this case and a companion case People v. Duff (S153917), the Supreme Court considered the interplay between Penal Code section 654 and both Penal Code sections 2933.1, subdivision (a) and 2933.2, subdivision (a) (time credit limitation statutes). Section 2933.1, subdivision (a) limits the earning of conduct credits to 15% for the defendant convicted of certain qualifying violent felonies.…

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Name: People v. Bacon
Case #: B214314
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 07/01/2010
Subsequent History: rev. granted 10/13/10 (S184782)

The amendment to Penal Code section 4019 applies retroactively. The court agreed with the majority of published decisions on point, but did not provide its own…

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Name: In re Maes
Case #: C062967
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/22/2010

Penal Code section 2933.2 bars a prisoner sentenced to an indeterminate life term for murder from earning post-sentence conduct credits against a consecutive determinate term imposed on a different offense. Petitioner was serving an indeterminate term for a murder conviction and a consecutive determinate term in a separate case. After the Department of Corrections told him he would not receive any post-sentence conduct credits on any portion of his sentence due to the application of Penal Code section 2933.2, he filed a writ of habeas corpus alleging he should be eligible for work time credits on the determinate…

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Name: People v. Keating
Case #: B210240
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/07/2010
Subsequent History: rev. granted 9/22/10, (S184354)

This court joins a growing majority of appellate courts holding that the amendment of Penal Code section 4019, effective January 25, 2010 is retroactive.
Credit card theft, forgery, commercial burglary, and grand theft convictions were found to be supported by sufficient evidence even if that evidence was mainly circumstantial. A challenge to the evidence to support specific intent of the crimes charged and an argument that any crimes were committed by the business partner who was irresponsible about credit involved credibility conflicts and evidentiary conflicts which were resolved by the jury as trier of…

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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…

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