P. v. Johnson
The San Diego County District Attorney filed two indictments against Harold Ernest Johnson (Super. Ct. San Diego County, 2012, Nos. SCD227468 & SCD 235413), each charging him with selling cocaine base, and possession/purchase of cocaine base for sale (Health & Saf. Code, § 11352, subd. (a); count 1) and selling/furnishing a controlled narcotic substance (Health & Saf. Code, § 11351.5; count 2.) The People also alleged in each indictment, as an enhancement to count 1, that he sold cocaine base (Pen. Code,[1]
§ 123.073, subd. (b)(7)), and he had suffered several previous convictions for drug-related offenses. Johnson pleaded guilty to all counts in both indictments.
The court sentenced Johnson to eight years four months in prison, imposed a $240 restitution fine (§ 1202.4, subd. (b)) and stayed the $240 parole revocation fine
(§ 1202.45). The court awarded Johnson custody credits of 205 actual days and 102 conduct credits under section 4019.
On appeal, Johnson contends (1) the trial court violated the ex post facto clauses of the state and federal Constitutions in imposing the $240 restitution fine and the $240 parole revocation fine; (2) he is entitled to additional conduct credits under an amendment to section 4019 and constitutional guarantees of equal protection; and (3) the case should be remanded for clarification of his initial confinement date. We affirm the judgment, but remand for the limited purpose of clarifying Johnson's initial confinement date and determining custody credits.
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