Henson

Defendant was convicted of first degree burglary (Pen. Code, § 459), stalking (§ 646.9, subd. (a)), and peeking while loitering. (§ 647, subds. (h), (i).) Because defendant had prior serious and violent felony convictions, the court sentenced him to a term of 25 years to life for each current offense, pursuant to the three strikes law. (§§ 667, subds. (b)-(i), 1170.12.)

In the published part of this opinion, we conclude the court improperly limited defendant’s presentence conduct credits to 15 percent of time served, under section 2933.1. That statute applies only where the current conviction is for a “violent felony” as defined in section 667.5, subdivision (c). Although the latter section includes as a violent felony any felony punishable by life in prison, we conclude that provision should be applied only to offenses which themselves carry a life sentence, and not to those which, like the offenses here, carry that sentence only because of the defendant’s prior convictions.

In the unpublished part of the opinion, we reject defendant’s remaining contentions.

I

Factual and Procedural Background

A. Facts

Ms. V.N., who was 86 years old at time of trial, lived alone.…