In Re Pacheco
Opinion
Opinion
Perren, J.
Petitioner Damian Pacheco was convicted by plea of inflicting corporal injury on a cohabitant. He admitted the special allegation that he inflicted great bodily injury (GBI) on the victim. (Pen. Code, §§ 273.5, 12022.7, subd. (a).) At sentencing, the trial court struck the punishment for the GBI enhancement pursuant to section 1385, and sentenced petitioner to the midterm of three years in prison. (§ 273.5, subd. (a).) Thereafter, the Department of Corrections and Rehabilitation (DCR) calculated his release date pursuant to section 2933.1, thereby limiting the worktime credits he could accrue against his sentence to 15 percent, rather than the 50 percent allowed by section 2933.
Petitioner seeks relief by petition for habeas corpus, challenging the application of section 2933.1 to his sentence. He contends he is not serving time for a violent felony offense within the meaning of section 2933.1. As we shall explain, because the sentencing court struck only the punishment for the GBI enhancement, and not the enhancement in its entirety, DCR properly limited his custody credits to 15 percent. (§ 2933.1.) We therefore deny his request for relief.