People v. Garcia

Opinion

PARK, J. *

In this appeal, the defendant contends on equal protection grounds that the sentencing court improperly failed to award him 198 days of presentence conduct credit against a state prison sentence which he received after his initial commitment to the Youth Authority was recalled under Welfare and Institutions Code section 1737. He does not seek any conduct credit for time actually spent in the Youth Authority, conceding that People v. Austin (1981) 30 Cal.3d 155 [178 Cal.Rptr. 312, 636 P.2d 1] forecloses that attack. He also argues that the court erred in failing to grant…