Is a defendant convicted of murder entitled to conduct credits against his determinate sentence?

California, United States of America


The following excerpt is from People v. McCormack, C087800 (Cal. App. 2019):

Second, the trial court purported to award 778 days of presentence conduct credits against defendant's determinate sentence. But a defendant convicted of murder does not accrue conduct credits. ( 2933.2, subds. (a), (c); People v. Wheeler (2003) 105 Cal.App.4th 1423.) The abstract of judgment omits the conduct credits and does not require amendment, but the judgment must be modified to correct the error.

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