In re MallardAnnotate this Case
Under Proposition 47, Kevin Mallard sought and received a reclassification of his felony conviction of possession of concentrated cannabis. He sought immediate release from county jail on the grounds he was being incarcerated illegally. To this end, he argued that this reclassification prohibited the application of section 2933.1, which imposed a 15 percent conduct credit limitation on his sentence. He also contended that the application of section 2933.1 to his sentence violated federal and state equal protection clauses. After review, the Court of Appeal concluded Mallard's arguments lacked merit: when a consecutive felony term is subject to a 15 percent conduct credit limitation under section 2933.1, that felony term being resentenced to a misdemeanor term under Proposition 47 does not change the credit limitation imposed by section 2933.1. Accordingly, the Court denied the requested relief.