People v. Kennedy
209 Cal. App. 4th 385
| Cal. Ct. App. | 2012Background
- Kennedy pleaded no contest to assault by force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)) in Oct. 2011 and admitted a prior strike.
- Plea promised a four-year term; sentenced Nov. 17, 2011 to four years in state prison with 21 days custody credits (15 actual, 6 conduct).
- Appellant appeals asserting (1) entitlement to additional presentence custody credits and (2) retroactive application of the 2011 amendment to Penal Code § 4019 under equal protection.
- Court denied most credits but awarded 252 days of presentence custody credits and remanded for determination of conduct credits under § 4019.
- Statutory framework: § 2900.5 governing presentence custody credits and § 4019 governing conduct credits; 2011 amendment made conduct credits one-for-one for crimes committed on or after Oct. 1, 2011.
- Appellant committed his crime March 11, 2011, before the 2011 amendment's effective date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kennedy is entitled to additional presentence custody credits | Kennedy argues the parole violation conduct should count toward presentence credits. | People contend credits are limited by Bruner and related cases when parole-related custody is not solely due to the conduct underlying the current offense. | Yes; Kennedy entitled to presentence custody credits for period of custody. |
| Whether the 2011 § 4019 amendment should be applied retroactively | Kapperman equal protection requires retroactive conduct credits for preexisting inmates. | Legislature designed prospective application; Brown rejects retroactivity for conduct credits. | Retroactivity denied; 2011 amendment applies prospectively to crimes committed on or after Oct. 1, 2011. |
| Whether remand is necessary to determine conduct credits under § 4019 | Time in custody after Oct. 1, 2011 should be considered for conduct credits. | Credit calculation should be resolved on remand with factual determinations. | Remanded for trial court to determine conduct credits; aggregate credit to be added to 252 days. |
| Whether equal protection supports Kennedy’s broader claim for adjusted conduct credits | Equal protection requires same treatment for pre- and post-Oct. 1, 2011 custody. | Legislative classifications may have rational basis; distinctions serve deterrence and fiscal goals. | Rejected; rational basis supports prospective application. |
| Whether the 2011 amendment impacts Kennedy’s conduct-credits timeline given timing of offense | Approx. 47 days of presentence custody post- Oct. 1, 2011 should gain enhanced credits. | Amendment applies only to offenses committed after Oct. 1, 2011; Kennedy's offense before that date. | Prohibition on retroactive enhanced credits; apply amendment prospectively. |
Key Cases Cited
- People v. Bruner, 9 Cal.4th 1178 (Cal. 1995) (but-for test for presentence credits; parole violations must be tied to conduct leading to sentence)
- People v. Stump, 173 Cal.App.4th 1264 (Cal. App. 2009) (parole violations and presentence credits when conduct is not solely tied to the current offense)
- People v. Brown, 54 Cal.4th 314 (Cal. 2012) (retroactivity of conduct credits; Kapperman distinguished; rational basis review for equal protection in conduct credits)
- Kapperman v. City of Pasadena, 11 Cal.3d 542 (Cal. 1974) (retroactivity of actual custody credits; equality concerns)
- People v. Floyd, 31 Cal.4th 179 (Cal. 2003) (proposition 36; deterrence and timing of punitive reforms; prospective application)
- Brown (additional citation referenced), 54 Cal.4th 314 (Cal. 2012) (application of Kapperman to conduct credits reiterated)