How have the courts interpreted section 2933.1 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Herr, E073223 (Cal. App. 2021):

Next, defendant argues the trial court violated the ex post facto clauses when it calculated his presentence conduct credits pursuant to Penal Code section 2933.1, a statute that did not become effective until five months after his offense. (Stats. 1994, ch. 713, 1, eff. Sept. 21, 1994.) But as the People assert in their brief, although the minute order and abstract of judgment purport to indicate the court calculated conduct credits under section 2933.1, the transcript of oral proceedings expressly states the court "computed [conduct credits] pursuant to Penal Code section 2931." When the minutes and abstract of judgment conflict with the oral pronouncement of sentence, the latter must generally prevail. (People v. Leon (2020) 8 Cal.5th 831, 855.)

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