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Name: People v. Hawkins
Case #: B156481
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/06/2003
Subsequent History: Modified & Rhrg. denied 6/2/03

Battery with serious bodily injury (Pen. Code, sec. 243, subd. (d)), does not qualify as a violent felony under section 667.5, subdivision (c)(8), unless the crime was committed under circumstances involving domestic violence. Therefore, appellant was entitled to credits under section 2933, on his five year sentence for assaulting a fellow patient in a rehabilitation facility, and the abstract of judgment was modified accordingly.