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Name: In re Pope
Case #: C051564
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/08/2008
Subsequent History: 4/9/08 Rev. Granted: S160930

The credit limitation of Penal Code section 2933.1 applies to the sentence imposed for a non-violent felony where the violent felony component of the sentence has been stayed pursuant to Penal Code section 654. Appellant was convicted of gross vehicular manslaughter, a nonviolent felony, and two counts of alcohol related driving with great bodily injury enhancements, violent felonies pursuant to Penal Code section 667.5, subdivision (c). The prison terms for the violent felonies were stayed pursuant to Penal Code section 654. The Department of Corrections calculated credits on the nonviolent felony sentence pursuant to Penal Code section 2933.1 but in a habeas action, the superior court, relying on the published opinion In re Phelon (2005) 132 Cal.App.4th 1214, ruled that credits were to be calculated without application of the limits set forth in sec 2933.1, subdivision (a). The prosecution appealed and the appellate court focusing on the introductory language of section 2933.1, “Notwithstanding any other law . . .,” reasoned that this language constituted an exception to section 654 and that any person convicted of a violent felony, irrespective whether he is actually serving a sentence for it, is subject to the 2933.1 credit limitation. [Disagreeing with In re Phelon (2005) 132 Cal.App.4th 1214.]