Can a defendant who is convicted of a violent felony, such as first degree burglary, receive more than 15% of his or her sentence for violent crimes?

California, United States of America


The following excerpt is from People v. Smith, B289463 (Cal. App. 2019):

7. Under section 2933.1, subdivision (c), "A defendant convicted of a violent felony, as defined in section 667.5, may not accrue presentence conduct credits greater than 15 percent of his or [her] actual period of confinement. [Citation.] One such violent felony is first degree burglary 'wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.'" (People v. Garcia (2004) 121 Cal.App.4th 271, 274.)

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