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Name: People v. Van Buren
Case #: B144839
District 2 DCA
Division: 6
Opinion Date: 11/07/2001
Subsequent History: Rev. denied 1/23/02.
Summary

The 15 percent limitation on credits under Penal Code section 2933.1, for persons convicted of violent felonies as defined by section 667.5, includes the felonies which have been added by amendment to section 667.5, not just those in the version which was in effect when section 2933.1 was enacted. Therefore, appellant’s 15 percent credit limitation, imposed because he was convicted of second degree robbery, was proper, even though only residential robbery with a firearm was on the list of violent felonies at the time section 2933.1 was enacted. The trial court erred when it accepted an admission by appellant of his prior “strike” without obtaining a waiver of his constitutional rights.