In Re Phelon
Opinion
Opinion
Kline, J.
I. BACKGROUND
Petitioner Kenneth D. Phelon was convicted of kidnapping with intent to commit rape in violation of former Penal Code section 208, subdivision (d) (count I), assault with intent to commit rape in violation of section 220 (count II), assault by means of force likely to produce great bodily injury in violation of section 245, subdivision (a)(1) (count III), and making criminal threats in violation of section 422 (count IV). The trial court sentenced him to the upper term of 11 years on count I because that conviction carried the longest term. Sentencing on the other counts was stayed pursuant to section 654.
The trial court awarded petitioner credit for 813 days in custody and 406 days of conduct credit pursuant to section 4019 for the presentence time spent in local custody. Once in prison, the Department of Corrections took the position that petitioner’s ability to earn worktime credit was limited to 15 percent by the provisions of section 2933.1, subdivision (a).
Petitioner filed a petition for writ of habeas corpus seeking relief from the Department of Corrections’ application of the 15 percent limitation of section 2933.1(a) on his ability to earn…