Opinion No. (1999)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE CALIFORNIA BOARD OF PRISON TERMS has requested an opinion on the following question: If a prisoner is sentenced to life imprisonment under the provisions of Penal Code section 667.7 as a habitual offender and is not eligible for release on parole for 20 years, does the 20-year period constitute the "minimum term" for purposes of applying credits earned pursuant to Penal Code sections 2930 - 2935 ? CONCLUSION If a prisoner is sentenced to life imprisonment under the provisions of Penal Code section 667.7 as a habitual offender and is not eligible for release on parole for 20 years, the 20-year period constitutes the "minimum term" for purposes of applying credits earned pursuant to Penal Code sections 2930 - 2935 . ANALYSIS Penal Code section 667.7 1 provides in relevant part: "(a) Any person convicted of a felony in which the person inflicted great bodily injury . . . who has served two or more prior separate prison terms . . . for the crime of murder; attempted murder . . . or any felony punishable by death or life imprisonment with or without the possibility of parole is a habitual offender and shall be…