Is a convicted murderer entitled to conduct credits as to count 2 of the first degree murder?

California, United States of America


The following excerpt is from People v. Adams, B270285 (Cal. App. 2017):

in count 1 for first degree murder ( 2933.2, subds. (a) & (c)), the court awarded conduct credits only as to count 2. However, "section 2933.2 applies to the offender not to the offense and so limits a murderer's conduct credits irrespective of whether or not all his or her offenses were murder." (People v. Wheeler (2003) 105 Cal.App.4th 1423, 1432.) The trial court thus erred in awarding appellant conduct credits for count 2 in light of his disqualifying murder conviction in count 1.

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