Supreme Court of California

Court of appeals' affirmance of the trial court's denial of defendant's request for presentence conduct credit, claiming that because execution of sentence for the second degree murder conviction of his one year-old son was stayed pursuant to section 654, the prohibition against the earning of presentence conduct credit for persons convicted of murder that is established by section 2933.2(c) should not have been applied to the calculation of presentence conduct credit against his term of imprisonment for assault on a child, is affirmed as, considering section 2933.2(c) in the context of surrounding statutory provisions, and also considering the purpose that sections 2933.1 and 2933.2 were intended to serve, the "notwithstanding" language found in section 2933.2(c) operates to prevent any reduction of the term of imprisonment for a person who "is convicted" of murder, despite the general provisions of section 654.

Appellate Information

• Decided 08/19/2010
• Published 08/19/2010

Judges

• GEORGE

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Tonja R. Torres, Edmund G. Brown, Jr