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 Blacks 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 Blacks term by one year. Black challenged the Departments decision in a writ to the Superior Court. The trial court issued the writ, holding that the Departments calculations were contrary to section 2933.1. The Department appealed and in this opinion the appellate court affirmed the trial courts 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.
Case Summaries