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Name: People v. Moon
Case #: C065216
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/29/2011

Penal Code section 2933.2, subdivision (c), denying conduct credits for those convicted of murder, applies to a jail term served as a condition of probation. Moon was convicted of second degree murder based on a drunk driving incident in which his passenger was killed. He was granted formal probation for 12 years with a condition that he serve four years in county jail. He waived any objection to serving more than one year in county jail. He sought clarification from the trial court when his release date was recalculated to reflect that he would not earn conduct credits. The statutory prohibition is clear and not affected by the placement in a chapter relating to prisons or by other recent amendments to the statutes dealing with the calculation of credits.