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Name: People v. McNamee
Case #: E028823
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/08/2002
Subsequent History: Rev. denied 5/1/02.
Summary

Appellant was convicted of second degree murder and an enhancement for the use of a firearm. He was sentenced to 15 years to life for the murder and 10 years consecutive for the firearm use enhancement. The trial court found that appellant was not eligible for presentence conduct credits because of the murder conviction. On appeal, appellant contended that that section 2933.2 barred credits against the indeterminate sentence, but did not bar credits against the 10 year determinate term. The appellate court here affirmed, finding that section 2933.2 bars presentence credits against the determinate part of a sentence as well as the indeterminate part. The broad language used in the section supports applying its bar on credits to all terms of a murderer’s sentence.