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Name: People v. Marichalar
Case #: C042068
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/26/2003
Subsequent History: Rev. granted 9/17/03: S117796

Appellant appealed from judgments imposed in three separate cases: an October, 2001 methamphetamine possession, a March, 2002 methamphetamine possession with a prior conviction, and a March, 2002 kidnap. He was sentenced to state prison for 12 years and 4 months, which included consecutive sentences for the three offenses. He was awarded 314 days of custody credits arising from two separate incarcerations on the 2001 and 2002 offenses, and 47 days of conduct credit pursuant to the 15 percent limitation for violent felonies under section 2933.1, subd. (b). On appeal he argued that he was entitled to additional credits because the 15 percent limitation did not apply to the 2001 case, which was not a violent felony. The appellate court here affirmed the judgment. Section 2933.1, subd.(c) limits presentence conduct credits for nonviolent crimes whenever the defendant has suffered a current conviction for a violent felony, and the sentences for the two offenses are run consecutively, without regard to the timing of the conviction. Even if the offenses were charged and proved in separate cases and the conviction for the nonviolent crime predated the conviction for the violent offense, the statutory limitation on conduct credits governs.