People v. Van Buren

Penal Code section 2933.1 imposes a 15 percent limitation on worktime custody credits for prisoners convicted of violent felonies “listed in Section 667.5.” 1 Here, we decide that section 2933.1 incorporates subsequent amendments to section 667.5, not only the version in effect when section 2933.1 was enacted.

Leodes Van Burén was convicted of second degree robbery. (§211.) He admitted a prior conviction for discharging a firearm at an inhabited dwelling (§ 246), which qualified as a strike (§§ 667, subds. (b)-(i), 1170.12) and *878 as a serious felony (§ 667, subd. (a)). Van Burén was sentenced to eleven years in prison, consisting of the three-year midterm for robbery, doubled as a second strike, plus five years as a serious felony. (§ 667, subd. (a).) Van Burén contends the trial court erred in limiting his custody credits pursuant to section 2933.1. We reject that contention and affirm the judgment of conviction. Van Burén also contends that the trial court erred in failing to obtain voluntary and intelligent waivers before accepting his admission of the prior conviction. We reverse the finding of the truth of Van Buren’s prior conviction based upon his purported…