Fong

Defendant Allen David Fong challenges the application of Penal Code section 2933.1 to him. He argues that his admission of a section 12022.7 enhancement allegation associated with his 2009 felony offense did not bring him within the provisions of section 667.5, subdivision (c)(8), which would qualify him for application of section 2933.1’s credit limiting provisions. Defendant claims that section 667.5, subdivision (c)(8)’s reference to section 12022.7 was a time-specific incorporation of the 1977 version of section 12022.7. The 1977 version contained a specific intent requirement that was deleted in 1995, and which defendant did not admit. We conclude that section 667.5, subdivision (c)(8)’s incorporation of section 12022.7 was not a time-specific incorporation. Consequently, defendant is subject to section 2933.l’s credit limiting provisions.

I. Background

The facts of defendant’s offenses are not relevant to his appellate contentions. He pleaded no contest to two counts of assault with a deadly weapon (§ 245, subd. (a)(1)) and one count of dissuading a witness in furtherance of a conspiracy (§ 136.1, subd. (c)(2)). He also admitted gang allegations (§ 186.22, subd.…