Is there any case law where a defendant has been convicted of lewd and lascivious acts with a child who was convicted of a serious sexual assault prior to his sentencing?

California, United States of America


The following excerpt is from People v. Dikes, D070972 (Cal. App. 2018):

Regarding the presentence credits, section 2933.1, subdivision (a) permits the accrual of conduct credits at a rate of no more than 15 percent of actual time in custody from the time of arrest until sentencing for persons convicted of serious or violent felonies, including convictions for lewd and lascivious acts with a child. ( 2933.1, subd. (a); 667.5, subd. (c); People v. Henson (1997) 57 Cal.App.4th 1380, 1384-1385.) Dikes requested these credits and the probation officer recommended that he receive them, but the court denied the request. We agree that the trial court should have awarded Dikes 15 percent credit for the 805 actual days he served in custody prior to sentencing, for a total of 120 additional credits, and amend the judgment accordingly.

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