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Name: In re Black
Case #: A094946
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/05/2002
Subsequent History: Rev. granted 12/18/02: S110683

Black was convicted of a violent felony in 1996 and sentenced to five years in state prison, with his credits limited to 15 percent pursuant to Penal Code section 2933.1, subdivision (a). In 1999, he was convicted of possession of marijuana by a prisoner and sentenced to a concurrent three year term. In setting Black’s parole release date, the Department determined that the 15 percent credit limitation applied to the 1999 offense, which was not a violent felony. This extended Black’s term by one year. Black challenged the Department’s decision in a writ to the Superior Court. The trial court issued the writ, holding that the Department’s calculations were contrary to section 2933.1. The Department appealed and in this opinion the appellate court affirmed the trial court’s order. While worktime credits are limited to 15 percent for a defendant who is convicted and sentenced for a violent felony, the limitation does not apply to a term imposed for a nonviolent offense which has been charged and proven in a separate case.