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California Court of Appeal


People v. Kennedy, H037668

In a conviction for assault by force likely to cause great bodily injury, defendant's sentence of a four-year prison term in exchange for his no contest plea is remanded where defendant is entitled to additional presentence custody credits, and the trial court is instructed to add defendant's conduct credits to the 252 days custody credit. However, defendant's equal protection challenge is rejected where he is not entitled to have the amendment to Penal Code section 4019 that took effect on October 1, 2011, applied in calculating his conduct credits.

Appellate Information

  • Decided 09/14/2012
  • Published 09/14/2012

Judges

  • Elia

Court

  • California Court of Appeal

Counsel

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