Does a defendant have to serve the same sentence as his codefendants?

California, United States of America


The following excerpt is from People v. Hinks, A139128 (Cal. App. 2015):

plea bargain as his codefendants, with the exception of the rate of conduct credit accrual. He apparently negotiated his plea bargain after his codefendants because he chose to litigate a Miranda issue, and consequently a different deputy district attorney handled his case at the time his plea was taken and during his sentencing hearing. On the record before us, there is no evidence that this deputy district attorney harbored discrimination or vindictiveness in advocating that defendant receive six-two credits, but rather it appears that he simply argued that the court must follow the law under section 4019. (See People v. Michaels (2002) 28 Cal.4th 486, 515 [no presumption of vindictiveness when the prosecution increases the charges or potential sentence pretrial].) While we sympathize with defendant that he in essence is required to serve more days in the county jail than his codefendants, whom the trial court deemed more culpable, section 4019, subdivision (h), provides that the enhanced conduct credits do not apply where the offense was committed prior to October 1, 2011. We recommend that the trial court consider alternative means for defendant to serve his sentence that will not disrupt his employment or education.6

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