Baker

Certified for Partial Publication. [*]

Defendant Robert Guy Baker appeals his convictions in three separate cases. In case No. FC47622 (hereafter case 1), defendant pled no contest to unlawful possession of a firearm (Pen.Code, § 12021, subd. (c)(1)) and received probation, which was later revoked. In case No. FC47988 (hereafter case 2), defendant pled no contest to unlawful sexual intercourse with a minor more than three years younger than defendant (§ 261.5, subd. (c)), and received probation, which was later revoked. In case No. FCR185360 (hereafter case 3), a jury found defendant guilty of failure to appear while on bail (§ 1320.5) and assault with a semi-automatic firearm (§ 245, subd. (b)), and found true allegations of personal firearm use and infliction of great bodily injury (§§ 12022.5, subd. (a); 12022.7, subd. (a)). [1] Defendant was sentenced on all three cases to 24 years in state prison.

In the published portion of this opinion, we consider the scope of section 2933.1, subdivision (c) of Penal Code, which limits presentence conduct credits (hereafter conduct credits) for persons convicted of violent felonies. We conclude that when a defendant is…