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The People v. Eric Angelo Trujillo

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)


September 19, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ERIC ANGELO TRUJILLO, DEFENDANT AND APPELLANT.

(Super. Ct. No. 09F01228)

The opinion of the court was delivered by: Robie , Acting P. J.

P. v. Trujillo

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Eric Angelo Trujillo pled no contest on February 10, 2012, to driving with a blood-alcohol level of .08 percent or more and causing injury and to leaving the scene of an injury accident -- crimes which occurred on November 3, 2008. He also admitted he had a prior "strike" conviction. Following entry of his pleas, the trial court sentenced him to an aggregate term of five years four months in state prison.

Applying Penal Code section 4019, as amended effective January 25, 2010, the trial court awarded defendant 612 actual custody days and 306 conduct days, for a total of 918 days of custody credit. (Stats. 2009, 3d Ex. Sess. 2009-2010, ch. 28, § 50.) Defendant would be entitled to additional credits under the Criminal Justice Realignment Act of 2011, but those new provisions apply only to defendants whose crimes were committed on or after October 1, 2011. (Pen. Code, § 4019, subd. (h).)

Defendant argues that the prospective application of the conduct provisions of the Criminal Justice Realignment Act violates his right to equal protection under the law. This claim was rejected by the California Supreme Court in a case after the conclusion of briefing. (People v. Lara (2012) 54 Cal.4th 896, 906, fn. 9.) Applying Lara, we reject defendant's claim.

DISPOSITION

The judgment is affirmed.

We concur: BUTZ , J. DUARTE , J.

20120919

© 1992-2012 VersusLaw Inc.



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