People v. McMillan

Opinion

ELKINGTON, J.

These two appeals concern the issue of the defendant state prisoners’ right to presentence jail conduct credits (hereafter conduct credits) against their prison terms, such as are sometimes allowed county jail inmates under Penal Code section 4019. They peripherally relate to the presentence jail “custody credit” permitted by Penal Code section 2900.5.

California’s high court recently (Feb. 19, 1980) decided People v. Sage (1980) 26 Cal.3d 498 [165 Cal.Rptr. 280, 611 P.2d 874]. Sage, under the equal protection clause, holds: (1) that prisoners sentenced under the…