Summary
The California Supreme Court held that a sentence reduction awarded under Penal Code section 2935 for performing a heroic act is distinct from postsentence conduct credits subject to the Three Strikes law's 20 percent limitation. The court reversed the Court of Appeal's contrary judgment and remanded for further proceedings.
Holdings
- A reduction of sentence granted under Penal Code section 2935 for performing a heroic act is distinct from credits awarded under article 2.5 and is not subject to the 20-percent limitation in section 667, subdivision (c)(5), or the corresponding limitation in section 1170.12, subdivision (a)(5).
Questions Presented
- Whether a discretionary sentence reduction for performing a heroic act under Penal Code section 2935 is a credit subject to the Three Strikes law's 20-percent limitation on postsentence credits under section 667, subdivision (c)(5), and section 1170.12, subdivision (a)(5).
Disposition
reversed_and_remanded
Cases Cited (15)
- People v. Cooper, 27 Cal. 4th 38, 40, 115 Cal. Rptr. 2d 219, 37 P.3d 403 (2002)(followed)
- In re Martinez, 30 Cal. 4th 29, 34, 131 Cal. Rptr. 2d 921, 65 P.3d 411 (2003)(followed)
- Dix v. Superior Court, 53 Cal. 3d 442, 462-463, 279 Cal. Rptr. 834, 807 P.2d 1063 (1991)(followed)
- People v. Walker, 29 Cal. 4th 577, 581, 128 Cal. Rptr. 2d 75, 59 P.3d 150 (2002)(followed)
- People v. Acosta, 29 Cal. 4th 105, 132, 124 Cal. Rptr. 2d 435, 52 P.3d 624 (2002)(followed)
- People v. Buckhalter, 26 Cal. 4th 20, 31-32, 108 Cal. Rptr. 2d 625, 25 P.3d 1103 (2001)(followed in part)
- Craven v. Crout, 163 Cal. App. 3d 779, 783, 209 Cal. Rptr. 649 (1985)(followed)
- People v. Aguilar, 16 Cal. 4th 1023, 1030, 68 Cal. Rptr. 2d 655, 945 P.2d 1204 (1997)(followed)
- In re Cervera, 24 Cal. 4th 1073, 1083-1084, 103 Cal. Rptr. 2d 762, 16 P.3d 176 (2001) (Werdegar, J., concurring)(considered)
- People v. Saffell, 25 Cal. 3d 223, 233, 157 Cal. Rptr. 897, 599 P.2d 92 (1979)(followed)
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Cited In (0)
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Court Document
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