In Re Young

Good Law
12 Cal. Rptr. 3d 48·2004 Cal. LEXIS 3041·2004 Daily Journal DAR 4597·32 Cal. 4th 900·87 P.3d 797
Supreme Court of CaliforniaApril 15, 2004S106706California2,426 words

Opinion

Opinion

Chin, J.

We must decide whether the Director of Corrections’ discretion to reduce a prisoner’s sentence up to 12 months for “performing] a heroic act in a life-threatening situation” (Pen. Code, § 2935), is subject-to the “Three Strikes” law’s limitation on postsentence credits to 20 percent of the prisoner’s sentence. (§§ 667, subd. (c)(5) (hereinafter section 667(c)(5)), 1170.12, subd. (a)(5).)

We conclude that a “reduction of the sentence” under section 2935 is distinct from credits under the Three Strikes law, and thus, is not subject to its 20 percent limitation. (§§ 667(c)(5), 1170.12, subd. (a)(5).) Accordingly, we reverse the judgment of the Court of Appeal, which held to the contrary.

Factual And Procedural Background

This background is largely taken from the Court of Appeal’s opinion.

In 1996, petitioner Ronnie E. Young pleaded guilty to first degree burglary and was sentenced to nine years in state prison. He also had a prior felony conviction, which subjected him to the Three Strikes law. In January 2001, while serving his prison sentence, petitioner saved the life of his work supervisor, Bud Stocking, by performing the Heimlich maneuver and dislodging food…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.