How much actual custody credit has been awarded to a defendant who was convicted of a qualifying felony crime involving great bodily injury?

California, United States of America


The following excerpt is from People v. Hamilton, C058646 (Cal. App. 12/1/2008), C058646 (Cal. App. 2008):

The trial court correctly awarded 22 days' actual custody credit, but erred in failing to award any conduct credits. (Pen. Code, 2900.5, subd. (d).) Because defendant was convicted of a qualifying felony offense listed in Penal Code section 667.5 involving great bodily injury (subd. (c)(8)) he is entitled to no more than 15 percent conduct credits. (See People v. Ramos (1996) 50 Cal.App.4th 810, 817.) Fifteen percent of 22 days, calculated to the greatest whole number, is three days.

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