People v. Sylvester

Opinion

VARTABEDIAN, J.

Defendant, Jim Otis Sylvester, was convicted by jury of second degree murder and possession of a firearm by a felon. In addition, it was found he personally used a firearm during the commission of

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the murder. He appeals, claiming the trial court erred in admitting evidence of a prior bad act. In addition, defendant asserts two sentencing errors. The published portion of our opinion is confined to a discussion of whether the conduct credit limitation found in Penal Code section 2933.1 pertains only to custody days following conviction. We determine it does not, and we affirm the judgment in all respects.

Facts

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Discussion

I., II.

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HI.

Conduct Credits

The trial court calculated defendant’s conduct credits under Penal Code section 2933.1. This section provides:

“(a) Notwithstanding any other law, any person who is convicted of a felony offense listed in Section 667.5 shall accrue no more than 15 percent of worktime credit, as defined in Section 2933.

“(b) The 15 percent limitation provided in subdivision (a) shall apply whether the defendant is sentenced under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2 or sentenced under some other law. However, nothing in subdivision (a) shall affect the requirement of any statute that the defendant serve a specified period of time prior to minimum parole eligibility, nor shall any offender otherwise statutorily ineligible for credit be eligible for credit pursuant to this section.

“(c) Notwithstanding Section 4019 or any other provision of law, the maximum credit that may be earned against a period of confinement in, or commitment to, a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, following arrest and prior to placement in the custody of the Director of Corrections, shall not exceed 15 percent of the actual period of confinement for any person specified in subdivision (a).