A jury convicted appellant of residential burglary (Pen. Code, § 459) and possession of a firearm by a felon (§ 29800, subd. (a)(1)) and found true that he suffered two prior strike convictions. The trial court then sentenced him to 25 years to life under the Three Strikes law and imposed a 15 percent limit on his presentence conduct credits under section 2933.1. The Court of Appeal agreed with the parties that section 2933.1 was inapplicable to appellant. Section 2933.1 applies only to those convicted of a felony offense listed in section 667.5, subdivision (c). Neither burglary nor possession of a firearm are listed in section 667.5(c), and although section 667.5(c)(7) includes any felony “punishable by death or imprisonment in the state prison for life,” this subdivision does not apply where a life sentence is imposed only as a result of the Three Strikes law. The court modified the judgment to reflect an additional 187 days of presentence conduct credit pursuant to section 4019.
Panel Victories
