People v. Yanez
Annotate this CaseYanez pled no contest to possessing more than one kilogram of methamphetamine for sale (Health & Safety Code 11378; 11370.4(b)(1)) and admitted a prior strike conviction. The court had imposed home detention subject to electronic monitoring as a condition of reducing Yanez’s bail from $480,000 to $100,000. By the time of his sentencing hearing, Yanez had spent 555 days on electronic home detention, in a program authorized by Alameda County. The trial court sentenced Yanez to serve five years and eight months in state prison. Although the court granted him custody credits for his home confinement (Penal Code 2900.5(a)), it deemed him ineligible for conduct credits. No statute provides for such credits but post-judgment home detainees are eligible for conduct credit under Penal Code 4019. The court of appeal reversed. The disparity in eligibility for conduct credits between pretrial and post-judgment electronic monitoring home detainees violates equal protection; the pre-sentencing time Yanez spent on home detention is eligible for conduct credits notwithstanding the Legislature’s failure to provide for them in section 4019.
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