Hawkins

Penal Code 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…