Palacios

The issues presented by this appeal concern the scope and application of Penal Code section 2933.1, subdivision (c). The questions raised are: whether the statute’s credit limitations cover presentence “good time” as well as “worktime” credits (§ 4019, subds. (b), (c)); and whether the credit limits apply at all to a sentence imposed upon conviction after a plea of no contest to charges of a continuous course of conduct begun before the statute’s enactment but completed after its operative date, and additional felonies beyond the statute’s reach.

Statement of the Case and Facts

On May 26, 1995, Efrain Demetrio Palacios pleaded no contest to 2 counts of continuous sexual abuse of a child under the age of 14 (§ 288.5), and one count each of corporal injury of a child (§ 273d, subd. (a)), lewd or lascivious acts with a 15-year-old child at least 10 years younger than he (§ 288, subd. (c)), and sexual battery (§ 243.4, subd. (a)). He also admitted the truth of the probation ineligibility allegation that the continuous abuse offenses were committed by the use of force, violence, duress, menace or fear (§ 1203.066, subd. (a)(1)). On June 21, the trial court sentenced Palacios…