Does section 2933.2 of the California Criminal Code apply to a defendant who has been convicted of murder?

California, United States of America


The following excerpt is from People v. Castorena, C084466 (Cal. App. 2019):

Defendant contends, and the People agree, the trial court incorrectly applied section 2933.2 to deny him conduct credits to which he was entitled under section 2933.1. "Section 2933.2 precludes the award of any presentence conduct credits following a conviction for murder. However, the statute's application is specifically limited to those offenses occurring after the date it became operative. ( 2933.2, subd. (d).) Section 2933.2 became effective on June 3, 1998, following voter approval in the June 2, 1998 Primary Election." (People v. Ly (2001) 89 Cal.App.4th 44, 47.)

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