People v. Silva CA4/1

California Court of Appeal Jun 22, 2016 No. D068855Unpublished

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Holding. The court held that a conviction for attempted first-degree residential burglary does not constitute a serious felony under Penal Code section 667.5, subdivision (c)(21), and therefore the 15 percent conduct credit limitation of section 2933.1 does not apply.

Issues

Whether a conviction for attempted first-degree residential burglary is a serious felony under Penal Code section 667.5, subdivision (c)(21).
Whether the conduct credit limitation of Penal Code section 2933.1 applies to a conviction for attempted first-degree residential burglary.

Disposition. Affirmed as modified and remanded with directions.

Quotations verified verbatim against the opinion

“Case law has established that the definition of serious felonies as set forth in section 667.5, subdivision (c)(21) does not apply to attempts to commit such felonies.”

“Where a person, like Silva, is only convicted of an attempt to commit a serious felony the limitations of section 2933.1 do not apply.”

Filed 6/22/16 P. v. Silva CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068855

Plaintiff and Respondent,

v. (Super. Ct. No. SCN335445-2)

RUTH CARMENCITA SILVA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Blaine K.

Bowman, Judge. Affirmed as modified and remanded with directions.

Theresa Osterman Stevenson, under appointment by the Court of Appeal, for

Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal and Andrew

Mestman, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Ruth Carmencita Silva of one count of attempted residential

burglary (Pen. Code,1 §§ 664, 459). The jury also found that an individual, other than

the accomplice, was present during the commission of the offense. The court sentenced

Silva to an aggregate term of five years eight months in prison. The sentence was

comprised of three years for attempted burglary and a consecutive term of two years eight

People v. Silva CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068855

RUTH CARMENCITA SILVA,

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DISCUSSION

DISPOSITION

NARES, J.

IRION, J.

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