California Court of Appeal

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In re Gomez, G042807

Petition for a writ of supersedeas by the California Department of Corrections and Rehabilitation, following grant of a petition for habeas relief directing the Department to grant defendant additional post-sentence conduct credit and to recalculate defendant's release date, is denied as Penal Code section 2933.1(a) has no effect when the only violent felony conviction at issue is stayed pursuant to section 654.

Appellate Information

  • Decided 12/02/2009
  • Published 12/02/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Edmund G. Brown Jr., Attorney General, Julie L. Garland, Assistant Attorney General, and Heather Bushman and Gregory J. Marcot, Deputy Attorneys General, for Appellant Department of Corrections and Rehabilitation, by Ron Barnes, Warden of the California Correctional Center.

  • For Appellees:
  • Ronald G. Brower, John D. Barnett, and Mark W. Fredrick, Orange, for Respondent Adrian Gomez.
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