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The People v. Sharon Marie Moore

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


October 23, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
SHARON MARIE MOORE, DEFENDANT AND APPELLANT.

(Super. Ct. No. 11F06132)

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

P. v. Moore 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Sharon Marie Moore pled no contest on November 30, 2011, to driving with a blood alcohol level of .08 percent

-- a crime which occurred on September 3, 2011. (Veh. Code, § 23152, subd. (b).) She also admitted she had a prior "strike" conviction. (Pen. Code, § 1170.12.) On February 17, 2012, the trial court sentenced her to an aggregate term of 32 months in state prison.

Applying Penal Code section 4019, as amended effective January 25, 2010, the trial court awarded defendant 168 actual custody days and 84 conduct days, for a total of 252 days of custody credit. (Stats. 2009-2010, 3d Ex. Sess. 2009-2010, ch. 28, § 50.) Defendant would be entitled to additional credits under the Criminal Justice Realignment Act of 2011, but for the fact that 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 Realignment Act violates her right to equal protection under the law. This claim has been rejected by the California Supreme Court. (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: HULL , J. DUARTE , J.

20121023

© 1992-2012 VersusLaw Inc.



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