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Name: People v. Cooper
Case #: A087483
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 11/01/2000
Subsequent History: Review Granted February 14, 2001 (S092882)
Summary

Appellant was convicted of second degree murder and sentenced under Penal Code section 190 to a term of 15 years to life. At the time of the offense, section 190 allowed prisoners convicted of murder to earn custody credits to reduce their minimum term. Appellant was awarded sentencing credits calculated pursuant to section 2933.1, which limited the presentence conduct credit for persons convicted of a violent felony to 15 percent of the time served. On appeal, appellant argued that he should have received credits pursuant to section 4019, because he was sentenced under section 190, which was adopted by initiative, and therefore could not be amended without approval of the voters. The appellate court agreed, holding appellant’s presentence credits were not subject to the limitations imposed by section 2933.1.