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The People v. Tomasa Morales

February 8, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TOMASA MORALES, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. CRF11299 and CRF11444)

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

P. v. Morales 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

In a consolidated appeal, defendant Tomasa Morales contends the trial court erred by failing to award additional conduct credits pursuant to the Criminal Justice Realignment Act of 2011 (Realignment Act) (Stats. 2011, ch. 15, § 482). Defendant argues that the prospective application of the conduct credit provisions of the Realignment Act violates her right to equal protection under the law. Following the California Supreme Court's decision in People v. Lara (2012) 54 Cal.4th 896 at page 906, footnote 9 (Lara), we reject defendant's contention. We note that the abstract of judgment combining the sentences in both cases does not include the credits awarded in case No. CRF11299, and direct the trial court to prepare an amended abstract. We affirm the judgment.

BACKGROUND*fn1

Defendant committed her offenses on May 24, 2011, and August 21, 2011.

Defendant pled no contest to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))*fn2 in case No. CRF11299. She later pled no contest to criminal threats (§ 422) with an on-bail enhancement (§ 12022.1, subd. (a)) in case No. CRF11444.

Defendant's convictions for assault with a deadly weapon and criminal threats are serious felonies. (§ 1192.7, subd. (c)(31), (38).)

Sentencing defendant in both cases, the trial court imposed a combined prison term of five years and eight months. In its oral pronouncement the trial court awarded 79 days' presentence credit in case No. CRF11299 (53 actual and 26 conduct) and 13 days' presentence credit in case No. CRF11444 (9 actual and 4 conduct).

The trial court sentenced defendant under the September 28, 2010, revision of the presentence credit law. Under that version, a defendant with a current or prior serious felony conviction was entitled to two days of conduct credit for every four days of presentence custody. (Former §§ 2933, 4019.)

DISCUSSION

I

Prospective Application of ...


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