People v. Silva CA4/1

Good Law
Court of Appeal of CaliforniaJune 22, 2016D068855California241 words

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

The facts of…

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