Jun. 23, 2022 – In re Cuenca (1st Dist., Div. 4, A164317)

Appellant, who was sentenced to county jail pursuant to PC 1170(h), filed a habeas petition arguing that Napa County’s failure to grant county jail inmates the same opportunities that state prison inmates have to earn rehabilitation program credits violated his constitutional right to equal protection. The Court of Appeal rejects this claim, finding that state prison inmates and county jail inmates are not similarly situated for purposes of PC 1170(h) and that, in any event, the County has a rational basis for not offering program credits.

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