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Name: People v. Nunez
Case #: B202276
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/17/2008

Presentence conduct credits are limited to 15% of actual time for each offense of defendant’s entire prison term, including non-violent offenses, if any of the offenses comprising the term is a violent felony. Appellant was sentenced to prison for unlawful driving (Veh. Code, sec. 10851) and robbery. The robbery offense stemmed from a separate case for which appellant had earlier been granted probation, the probation then being terminated when appellant was convicted of the unlawful driving. The term for the robbery was ordered to run concurrently with the unlawful driving. The appellate court rejected appellant’s argument that he was not subject to the 15% conduct limitation pursuant to Penal Code section 2933.1 on the unlawful driving, observing that section 2933.1 applies to the offender and not the offense (People v. Ramos (1996) 50 Cal.App.4th 810). The court found In re Reeves (2005) 35 Cal.4th 765, not dispositive as Reeves dealt with prison conduct credits earned under section 2933.1, subdivision (a) as compared to presentence credits earned under subdivision (c)–- the situation in appellant’s case.