Filed 1/25/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, H048315 (Monterey County Plaintiff and Respondent, Super. Ct. No. 19CR007735) v. ERNESTO RODRIGUEZ ORELLANA, Defendant and Appellant. Ernesto Rodriguez Orellana was charged with criminal threats. The trial court found a doubt as to Orellana’s competency and suspended criminal proceedings. Orellana was treated at Patton State Hospital. He regained competence following treatment, and the parties entered into a plea agreement in which Orellana agreed to serve a prison term of two years. The trial court subsequently imposed a sentence consistent with the terms of the plea agreement. On appeal, Orellana contends the trial court’s failure at sentencing to award him conduct credit for the period of time in which he was receiving treatment for restoration to competence in the state hospital violates Senate Bill No. 317 (2021–2022 Reg. Sess.) (Senate Bill 317). Orellana maintains that Senate Bill 317, which was enacted in October 2021 while his appeal was pending in this court and provides for such credits, retroactively applies to his case. He further argues that denial of conduct credits violates his right to equal protection of the law. The Attorney General asserts Orellana waived his appellate rights in the plea agreement, Senate Bill 317 does not apply, and he is not entitled to conduct credit based on principles of equal protection. As explained below, we conclude Orellana’s appellate waiver is invalid and does not bar this appeal. Nevertheless, based on the California Supreme Court’s decision in People v. Brown (2012) 54 Cal.4th 314 (Brown), we decide that Senate Bill 317 does not apply retroactively and the trial court’s denial of conduct credit for the time Orellana was committed to the state hospital does not violate equal protection principles. Consequently, we affirm the judgment. I. PROCEDURAL BACKGROUND1 In July 2019, the Monterey County District Attorney charged Orellana by felony complaint with two counts of criminal threats (Pen. Code, § 422, subd. (a)2; counts 1 & 2) and one misdemeanor count of exhibiting a deadly weapon (§ 417, subd. (a)(1); count 3) and alleged a prior prison term enhancement (former § 667.5, subd. (b)) as to the felony conviction. Orellana pleaded not guilty and denied the prior prison term allegation. On July 30, 2019, after Orellana’s arraignment, defense counsel expressed doubt as to Orellana’s competence under section 1368. The trial court found that a doubt had arisen as to Orellana’s mental competence, referred Orellana for examination, and suspended the proceedings. The court ordered that Orellana remain in custody. Pursuant to section 1370, Orellana was committed to the state hospital on August 27, 2019, and admitted there on December 6, 2019. On January 27, 2020, the Department of State Hospitals (DSH) filed a certificate of restoration to competence pursuant to section 1372 and, on January 30, 2020, the trial court held a hearing on Orellana’s restoration. The trial court found Orellana’s competence restored and reinstated the criminal proceedings. The court ordered Orellana to …
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