The People v. Moore CA5

Filed 9/18/13 P. v. Moore CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F064794

Plaintiff and Respondent, (Super. Ct. No. BF134548A)

v. OPINION KEITH ANTHONY MOORE,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis, Judge. Julia J. Spikes, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

* Before Levy, Acting P.J., Gomes, J., and Detjen, J.

Defendant, Keith Anthony Moore, challenges the total amount of conduct credits that he was awarded for time spent in county jail prior to commencement of his prison sentence. Defendant asserts that changes to Penal Code section 40191 permitting additional custody credits which occurred after his offense and while he was in local custody should apply to him and failure to do so violates the equal protection clauses of the Constitutions of California and the United States. We find no error and affirm the trial court’s judgment. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged in an information filed on February 1, 2011, with corporal injury to his child’s parent, a felony (§ 273.5, subd. (a), count 1), feloniously making a criminal threat (§ 422, count 2), and felony evasion of a peace officer (Veh. Code, § 2800.2, count 3). The information further alleged two prior serious felony convictions within the meaning of the three strikes law and a prior prison term enhancement. The offenses allegedly occurred on November 13, 2010. On January 13, 2012, defendant entered into a plea agreement and executed a felony advisement of rights, waiver, and plea form. In the plea form and at the change of plea hearing, defendant acknowledged the consequences of his plea, waived his rights under Boykin/Tahl,2 and plead no contest to count 3, and admitted the two prior serious felony allegations. The prosecutor agreed to dismiss the remaining allegations in exchange for a stipulated prison sentence of six years. The court exercised its discretion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 to strike one of the prior serious felony allegations.