People v. Martinez CA6

BACKGROUND

The trial court expressly stated that it was striking the punishment for the GBI enhancement to achieve the agreed-upon prison term. And it expressly calculated the conduct credits to be 15 percent of actual custody days in accordance with section2933.1, which imposes that limit upon persons who are convicted of a violent felony. Section 667.5, subdivision (c)(8), defines a violent felony as “Any felony in which the defendant inflicts great bodily injury on any person... which has been charged and proved....”

DISCUSSION

Defendant contends that, rather than 15 percent conduct credits, the trial court should have awarded him two-for-four conduct credits under the September 2010 version of section 4019. He claims that section 2933.1 does not apply to him because he was not a person convicted of a violent felony. He so reasons because the trial court struck the punishment for the GBI admission. He acknowledges that the case of In re Pacheco (2007) 155 Cal.App.4th 1439, addressed and rejected this identical contention. He urges, however, that Pacheco was wrongly decided and should not be followed. He argues that Pacheco rested upon a perceived distinction between striking…