P. v. Salinas CA6

Filed 3/4/13 P. v. Salinas CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H037171 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC953249)

v.

JONATHAN CESARIO SALINAS,

Defendant and Appellant.

Defendant Jonathan Cesario Salinas was sentenced to state prison in May 2011 for his 2009 offenses. He contends that he is entitled to additional conduct credit under the expressly prospective-only version of Penal Code section 40191 that took effect in October 2011. We reject his contention and affirm the judgment.

I. Background The facts of defendant‟s offenses are not relevant to his appellate contention. All of his offenses occurred in August 2009. In April 2010, defendant pleaded no contest to leaving the scene of an accident resulting in injury or death (Veh. Code, § 20001, subds. (a), (b)(1)), possession of a billy (former § 12020, subd. (a)(1)), misdemeanor battery (§§ 242, 243, subd. (a)), and felony battery causing serious bodily injury (§§ 242,

1 Subsequent statutory references are to the Penal Code unless otherwise specified.

243, subd. (d)). He also admitted that the felony battery count was a serious felony because he had personally inflicted great bodily injury. (§§ 667, 1192.7) In May 2010, the court suspended imposition of sentence and placed defendant on probation conditioned upon, among other things, a one-year jail term. At that time, he was given credit for 239 days of actual custody and 118 days of conduct credit for a total of 357 days of credit. In November 2010, his probation was revoked. Defendant admitted violating his probation. In May 2011, he was committed to state prison to serve a three-year term. He was credited with 333 days of actual custody and 166 days of conduct credit for a total of 499 days. Defendant timely filed a notice of appeal.