California Court of Appeal

Determining whether a defendant's current conviction for first degree burglary is a violent felony for purpose of calculating presentence conduct credits is properly part of the trial court's traditional sentencing function.

Appellate Information

• Decided 08/02/2004
• Published 08/02/2004

Judges

• PERLUSS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Gerald J. Miller, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant Emilio Garcia., Dennis L. Cava, Pasadena, under appointment by the Court of Appeal, for Defendant and Appellant Heriberto Castillo., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jeffrey B. Kahan and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.