Opinion
D051339
7-1-2008
THE PEOPLE, Plaintiff and Respondent, v. RONALD JAMES SCOTT, Defendant and Appellant.
Not to be Published
INTRODUCTION
Ronald James Scott was charged with selling or furnishing cocaine base (Health & Saf. Code, § 11352) and possessing cocaine base for sale (Health & Saf. Code, § 11351.5). The court suspended proceedings under Penal Code section 1368 to determine whether Scott was mentally competent to stand trial. The court found Scott not mentally competent to stand trial and committed him to Patton State Hospital for three years. After 258 days in treatment, Scotts competency was restored. The proceedings were reinstated and Scott pleaded guilty to one count of furnishing cocaine base. The court sentenced Scott to a four-year prison term. At sentencing, the court granted Scott credit for 404 actual days served under section 2900.5 and 72 conduct credit days under section 4019, for a total of 476 days time served. Scott appeals, contending he should have been awarded conduct credit for the 258 days he spent in Patton State Hospital. We affirm the judgment.
FACTS
On June 15, 2006, an undercover police officer bought $20 worth of cocaine from Scott. Scott pleaded guilty to selling or furnishing cocaine base in violation of Health and Safety Code section 11352.
DISCUSSION
Appellant concedes People v. Waterman (1986) 42 Cal.3d 565 is controlling but appeals to preserve for Supreme Court and federal review his argument that incompetent detainees should be eligible to receive section 4019 conduct credits. Appellant asserts that while confined at Patton State Hospital, he was similarly situated to other pretrial detainees held in county jail and should have had an equal opportunity to earn section 4019 credits. He argues denial of section 4019 credits for time spent in treatment violated his right to equal protection of the law.
Section 4019 authorizes the trial court to award prisoners confined to a county jail, industrial farm, road camp, or city jail following arrest and before imposition of sentence for a felony two days of good conduct credit for every four days they are confined. (§ 4019, subd. (f); People v. Smith (1989) 211 Cal.App.3d 523, 526.) Section 4019 does not authorize conduct credit for time spent in state hospitals. (People v. Sage (1980) 26 Cal.3d 498, 502-503.)
To substantiate his equal protection claim, appellant must first show the state has adopted a classification that affects similarly situated persons differently. (People v. Moore (1991) 226 Cal.App.3d 783, 787.) However, in Waterman the court concluded competent detainees housed at county jail and incompetent detainees receiving treatment at state hospitals are not similarly situated. (People v. Waterman, supra, 42 Cal.3d at p. 569.) Substantial differences in the status and goals of the two populations justify the Legislatures restriction on availability of conduct credit to only those detainees identified by section 4019. (Id. at p. 570.) Persons confined for treatment as incompetent to stand trial are not denied equal protection of the laws to the extent they cannot earn conduct credits against subsequent prison sentences. (Id. at p. 571; see also People v. Sage, supra, 26 Cal.3d at pp. 506-508.)
The doctrine of stare decisis requires all courts of inferior jurisdiction to follow decisions of courts exercising superior jurisdiction. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455.) The decisions of the Supreme Court are binding on and must be followed by all the state courts of California. (Ibid.)
Appellant received all the time credits he was entitled to under Waterman. (People v. Waterman, supra, 42 Cal.3d at pp. 570-571.) The judgment granting appellant 404 days credit under section 2900.5 for time spent in custody and 72 conduct credits for good behavior under section 4019 is affirmed.
DISPOSITION
The judgment is affirmed.
WE CONCUR:
McCONNELL, P. J.
HUFFMAN, J. --------------- Notes: All further statutory references are to the Penal Code unless otherwise specified.