California Court of Appeal

Battery with serious bodily injury Pen. Code section 243(d) cannot qualify as a violent felony under section 667.5(c)(8), unless the crime was committed under circumstances involving domestic violence. Thus, defendant is eligible to receive presentence credits under section 2933.1.

Appellate Information

• Decided 05/06/2003
• Published 05/06/2003

Judges

•  PERREN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  David Thomas Hawkins, in pro. per., and William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters, Supervising Deputy Attorney General, G. Tracey Letteau, Deputy Attorney General, for Plaintiff and Respondent.