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Name: People v. Hawkins
Case #: B156481
Division: 6
Citation: 108 Cal.App.4th 527
Opinion Date: 20030506
Subsequent History: Modified & Rhrg. denied 6/2/03
Summary

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.