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California Court of Appeal

People v. Fong, H037245

Defendant's sentence of 17 years per his plea agreement, and the trial judge's limit of credit to 15 percent, which translated into awarding defendant 608 days of actual custody credit and 91 days of conduct credit pursuant to Penal Code section 2933.1, is affirmed, where: 1) defendant was convicted of a felony in which he inflicted great bodily injury (GBI) on a non-accomplice, and the GBI enhancement was charged and proved as provided for in Section 12022.7; 2) section 667.5(c)(8)'s incorporation of section 12022.7 was not a time-specific incorporation; and consequently; 3) defendant is subject to section 2933.1's credit limiting provisions.

Appellate Information

  • Decided 06/18/2013
  • Published 06/18/2013




  • California Court of Appeal


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