In Re Reeves

The Department of Corrections (CDC) appeals the lower court's granting a writ of habeas corpus to inmate, James Greebe Reeves. Reeves was ordered to serve a five-year term in prison concurrent with a 10-year term for two separate cases. Because the five-year term was for a violent felony, the CDC applied Penal Code section 2933.1's [1] limitation on credits to the 10-year aggregate term. The trial court granted Reeves's petition for writ, finding the statute's limitation only applied to the five-year term attributable to the violent felony. We affirm.

A jury convicted Reeves of drug possession with gang enhancements and prior conviction allegations in one case, [2] after he had already entered a guilty plea in another case to assault with force likely to produce great bodily injury with a great bodily injury enhancement as well as admitting the four prior conviction allegations. The plea was conditioned on the prosecution agreeing "to limit [the] max[imum] time on this case to one year [service] consec[utive to the other case]." It was also agreed that the prosecution would dismiss charges of street terrorism and an enhancement that the assault was for the benefit of…