Cooper

People v. Cooper

Good Law
115 Cal. Rptr. 2d 219·2002 Cal. LEXIS 9·2002 Daily Journal DAR 437·27 Cal. 4th 38·37 P.3d 403
Supreme Court of CaliforniaJanuary 14, 2002S092882California4,127 words

Opinion

Opinion

Chin, J.

Defendants sentenced to prison for criminal conduct are entitled to credit against their terms for all actual days of presentence and postsentence custody (Pen. Code, §§ 2900, subd. (c), 2900.5, subds. (a), (b)) and while in prison custody, can earn postsentence good behavior/worktime credits (§ 2931) or prison worktime credits (§ 2933) to shorten the period of incarceration. Defendants detained in a county jail, or other equivalent specified facility, “prior to the imposition of sentence,” may also be eligible for presentence good behavior/worktime credits (collectively referred to as conduct credits) of up to two days for every four days of actual custody. (§ 4019, subds. (a)(4), (b), (c), (e), (f).) Section 2933.1, subdivision (c), adopted in 1994, limits the authorized award of presentence conduct credits to a maximum of 15 percent of a defendant’s actual period of presentence confinement for specified felons, including murderers. In this case, a jury convicted defendant for a murder that was committed on May 22, 1998. We granted review to determine whether the 15 percent limitation on presentence conduct credits applies to convicted murderers, such as defendant, who…

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