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The People v. Martin E. Jeffries

September 11, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MARTIN E. JEFFRIES, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F05786)

The opinion of the court was delivered by: Mauro , J.

P. v. Jeffries CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Martin E. Jeffries pleaded guilty to first degree burglary and admitted a prior strike and a prior prison term. The trial court sentenced him to nine years in prison.

Defendant contends (1) his presentence credit should not have been subject to the 15 percent limit set forth in Penal Code section 2933.1, and (2) he is entitled to additional presentence credit because the prospective application of the Criminal Justice Realignment Act of 2011 (Realignment Act) (Stats. 2011, ch. 15) violates equal protection.

We will affirm the judgment.

BACKGROUND

According to the factual basis for the plea, defendant entered the attached garage of John Kotarsky's home on September 5, 2010, with the intent to commit larceny. When Kotarsky confronted defendant in the garage, defendant departed.

Defendant pleaded guilty to first degree burglary. (Pen. Code, § 459.)*fn1 He admitted a prior strike and a prior prison term. (§§ 1170.12, 667, subds. (b)-(i), 667.5, subd. (b).) The trial court sentenced him to the stipulated term of nine years in prison.

DISCUSSION

I

Defendant contends he is not subject to the 15 percent limit on presentence conduct credit set forth in section 2933.1 because the information did not plead the burglary as a violent felony and defendant did not plead guilty to the burglary as a violent felony. We disagree.

Section 2933.1 provides that presentence conduct credit is limited to 15 percent of time served for any defendant with a current conviction for a violent felony. (§ 2933.1, subd. (c).) First degree burglary is a serious felony (§ 1192.7, subd. (c)(18)), but it is also a violent felony when "it is charged and proved that another person, other than an accomplice, was ...


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