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Name: In re Pacheco
Case #: B199500
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/10/2007

Under Penal Code section 2933.1, which limits accrual of conduct credits for the defendant convicted of a “violent felony,” the conviction as opposed to the punishment is determinative. Appellant pled guilty to spousal abuse and admitted a great-bodily-injury enhancement under Penal Code section 12022.7. In accord with the plea agreement, the court struck the punishment for the enhancement pursuant to section 1385, subdivision (c)(1), but did not strike the actual enhancement. The appellate court rejected appellant’s claim that striking the punishment took him out of the provisions of 2933.1. Instead, the court determined that the admission of the enhancement characterized the spousal abuse as a violent felony and striking the punishment aspect of the enhancement did not “‘defeat the factual finding of the [allegation].'” Instead it remained a violent felony under Penal Code section 667.5, subdivision (c)(8) subject to the limitations of 2933.1, irrespective of the fact that punishment was not imposed.