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Name: People v. Duff
Case #: G036562
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/31/2007
Subsequent History: 8/29/07 revw. granted: S153917

The language of Penal Code section 2933.2 prohibits accrual of time credits for the defendant convicted of murder even though the sentence for the offense is stayed pursuant to section 654. Applying rules of statutory construction, the appellate court found that the language of the statute was clear and unambiguous in imposing a ban on presentence conduct credits for those convicted of the specified offense, regardless of the provisions of sec. 654 [disagreeing with the holding in In re Phelon (2005) 132 Cal.App.4th 1214].