Goodloe

Appellant Leo Anthony Goodloe was convicted by a jury of rape and assault with force likely to produce great bodily injury. (Pen. Code, §§261, 245, subd. (a)(1).) Intentional personal infliction of great bodily injury enhancement allegations were found true as to each offense. (§§ 12022.8, 12022.7, subd. (a).) At the bifurcated second phase of the trial, the jury found true allegations of eight prior felony convictions. The court sentenced appellant to a total term of 43 years and found that he is a person described by section 2933.5.

Section 2933.5, enacted in 1990, makes some recidivist offenders convicted of certain violent felonies on or after its effective date ineligible to earn credit on their terms of imprisonment. Barred from earning credit is any person convicted of any felony offense listed in the statute who “has been previously convicted two or more times, on charges separately brought and tried, and who previously has served two or more separate prior prison terms,” of any listed offense or offenses. (§ 2933.5, subd. (a)(1).) In the published portion of this opinion, we conclude that a defendant’s ineligibility for credit under section 2933.5 need not be…