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PEOPLE v. SPENCE

No. E050746.

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY DAVID SPENCE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

Filed April 21, 2011.

Attorney(s) appearing for the Case

Victoria Matthews , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Pamela Ratner Sobeck and Meredith A. Strong , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

OPINION

RAMIREZ, P. J.

This appeal raises two wrinkles on a familiar issue: entitlement to additional Penal Code section 40191 credits. In this case, judgment was final prior to the effective date of an amendment of section 4019,2 but defendant and appellant Timothy David Spence contends equal protection requires he receive additional credits, and...

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