[Download] "People v. Hawkins" by California Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: People v. Hawkins
- Author : California Court of Appeals
- Release Date : January 06, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
CERTIFIED FOR PARTIAL PUBLICATION 1 Penal Code 2 section 2933.1 imposes a 15 percent limitation on the accrual of presentence and worktime credits for those convicted of a crime that is defined as a violent felony in section 667.5. Section 667.5, subdivision (c)(8) defines as a violent felony ""[a]ny felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7 . . . ."" Here, we conclude that battery with serious bodily injury (§ 243, subd. (d)) cannot qualify as a violent felony under subdivision (c)(8) of section 667.5, unless the crime was committed under circumstances involving domestic violence. David Thomas Hawkins appeals from the judgment entered after a jury found him guilty of violating section 243, subdivision (d). He was sentenced to a state prison term of five years, consisting of the high term of four years plus an additional year for a prior prison term (§ 667.5, subd. (b)). The trial court concluded that Hawkins had been convicted of a violent felony as defined by section 667.5, subdivision (c)(8), and accordingly applied the 15 percent limitation to his presentence custody credits in accordance with section 2933.1. Because battery with great bodily injury cannot qualify as a violent felony under subdivision (c)(8) of section 667.5 unless the crime was committed under circumstances involving domestic violence, and no such circumstances existed here, the trial court erred in concluding that the 15 percent custody credit limitation applies to Hawkins' sentence. We conclude that credits are to be awarded under section 2933. Accordingly, we modify the judgment to award appellant 303 days of presentence credits. Otherwise, we affirm.