In Re Pope

The People appeal from an order of the Sacramento County Superior Court granting defendant Nathan Pope's petition for writ of habeas corpus directing the California Department of Corrections and Rehabilitation (CDCR) to recalculate his Penal Code section 2933 [1] worktime credit without regard to the 15 percent limitation on such credit provided by section 2933.1, subdivision (a) (hereafter section 2933.1(a)) for persons convicted of a violent felony. [2] The superior court's ruling was based on a decision of the Court of Appeal, First Appellate District, Division Two. ( In re Phelon (2005) 132 Cal.App.4th 1214 , 34 Cal. Rptr.3d 276 ( Phelon) .) The superior court was required to follow Phelon . We are not so restrained. In our view, Phelon was wrongly decided. Concluding that section 2933.1(a) is applicable to defendant, we shall direct the superior court to vacate its order denying the petition.

In January 2002, while driving under the influence of alcohol and cocaine, defendant struck another vehicle, causing the death of the driver. Defendant pled guilty to gross vehicular manslaughter while intoxicated (Pen.Code, § 191.5, subd. (a)), which is not a violent felony,…