In Re Gomez

California’s Department of Corrections and Rehabilitation (the Department), by Ron Barnes, warden of the California Correctional Center, petitions for a writ of supersedeas. This petition presents the question of whether Penal Code section 2933.1, subdivision (a) (section 2933.1(a)), limits the postsentence credits that can be accrued under sections 2933 and 2933.3 when a criminal defendant has been convicted of a “ ‘violent felony’ ” (§ 667.5, subd. (c)), but is not serving a sentence pursuant to the violent felony conviction because such sentence was stayed pursuant to section 654. The trial court granted Adrian Gomez’s petition for writ of habeas corpus, quite properly ruling that In re Phelon (2005) 132 Cal.App.4th 1214 [ 34 Cal.Rptr.3d 276 ] (Phelon), the only published case on this issue not superseded by a grant of review, compelled such a result. Courts, including this one, have disagreed with the rationale and holding of Phelon , and the Supreme Court has granted review of two cases to settle this controversy. (See People v. Duff, review granted Aug. 29, 2007, S153917; In re Pope, review granted Apr. 9, 2008, SI60930.) We agree with Phelon and therefore deny the…