In Re Black

Edward S. Alameida, Jr., as Director for the Department of Corrections, appeals from an order granting respondent's writ of habeas corpus and directing the Department of Corrections to recalculate respondent's worktime credits for his drug conviction. We consider whether the 15 percent limitation on worktime credits for violent felonies (Pen.Code, § 2933.1) [1] applies to a nonviolent felony conviction respondent suffered over two years after his conviction for a violent felony offense. We affirm the trial court's order.

In 1996, respondent Charles Alex Black (Black) entered a plea of guilty in Alameda County Superior Court (case No. 126627) to a charge of assault with a firearm (§ 245, subd. (a)(2)) and admitted an enhancement allegation that he personally used a firearm in the commission of the offense (§ 12022.5). In September of 1996, Black received a five-year sentence to the Department of Corrections (Department), comprised of the low term of two years for assault with a firearm and a three-year consecutive term for the firearm use enhancement. Because Black was convicted of a violent felony under section 667.5, the worktime credits he received were limited to…