People v. Silva CA4/1
Opinion
Opinion
DISCUSSION
Case law has established that the definition of serious felonies as set forth in
section 667.5, subdivision (c)(21) does not apply to attempts to commit such felonies.
(People v. Ibarra (1982) 134 Cal.App.3d 413, 425.)
Where a person is convicted of a serious felony under subdivision (c) of section
667.5, section 2933.1 limits presentence conduct credits to 15 percent of the actual time
served. (People v. Garcia (2004) 121 Cal.App.4th 271, 276.) Where a person, like Silva,
is only convicted of an attempt to commit a serious felony the limitations of section
2933.1 do not apply. Thus the person is entitled to the full conduct credits authorized by
section 4019. (People v. Singleton (2007) 155 Cal.App.4th 1332, 1337.) Since the court
improperly limited Silva's conduct credits, we will remand the case to the superior court
to recalculate the presentence credits.
DISPOSITION
The trial court is directed to recalculate Silva's presentence credits in accordance
with the views expressed in this opinion. After the credits are recalculated, the court
shall modify the judgment accordingly. The court is directed to amend the abstract of