California, United States of America
The following excerpt is from People v. Gallardo, B224387 (Cal. App. 2011):
defendant because defendant was convicted of murder. {People v. Wheeler (2003) 105 Cal.App.4th 1423, 1431-1432 [because the conduct credit prohibition in section 2933.2 applies to the offender and not the offense, a defendant convicted of murder may not accrue conduct credit even if he also is convicted of offenses other than murder].) In his reply brief, defendant does not contend that he is entitled to conduct credit. Because defendant was convicted of murder, the trial court erred in awarding him conduct credit. (People v. Wheeler, supra, 105 Cal.App.4th at pp. 1431-1432.) Accordingly, in its recalculation of presentence credit on remand, the trial court is not to award defendant any days of conduct credit.
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