People v. Jacobs

Opinion

NICHOLSON, J.

Penal Code section 4019 allows a presentence detainee to earn two days of conduct credits for each four-day period actually served. Defendant served but two days, received no conduct credits at sentencing, and, on appeal, challenges the statutory scheme in section 4019. She asserts it denies equal protection to those who serve other than a multiple of four days in presentence confinement. We hold section 4019 does not deny equal protection and affirm the judgment.

Discussion

I

Conduct Credit for Presentence Confinement

Defendant spent two days in custody before sentencing; therefore, the trial court applied Penal Code section 4019 and awarded no conduct credits.

1

(People

v.

Bobb

(1989) 207 Cal.App.3d 88, 97 [254 Cal.Rptr. 707];

People

v.

Smith

(1989) 211 Cal.App.3d 523 [259 Cal.Rptr. 515].) On appeal, defendant claims the section 4019 formula (six days’ credit for every four

[103]

days served) denies equal protection because it treats presentence detainees who serve other than an exact multiple of four days differently from those who serve an exact multiple of four days. She concludes she is constitutionally entitled to one day of conduct credit.

Equal protection requires the state to treat similarly situated persons alike, with some exceptions in which the disparate treatment is sufficiently related to the purpose of the statute in question.

(People

v.

King