What are the consequences of a finding that a residential burglary was committed while other than an accomplice was present at the crime?

Section 667.5, subdivision (c)(21) provides that a residential burglary is a violent felony where "it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary." This finding is significant because it brings the crime within the statutory definition of a "violent felony" ( 667.5, subd. (c)), which in turn limits presentence and post-conviction custody credits to which the individual is entitled.⁵ ( 2933.1.) A defendant convicted of residential burglary alone without the special finding is entitled to one-for-one presentence conduct credits under section 4019 and may earn up to 50 percent good time/work time credits in prison under section 2933 and corresponding regulations, whereas a defendant convicted of a violent felony as defined in section 667.5, subdivision (c) is limited to 15 percent credit both before sentencing and while in prison under section 2933.1, subdivisions (a) and (c).⁶ (People v. Singleton (2007) 155 Cal.App.4th 1332, 1336-1337.) A finding that a burglary was committed while a non-accomplice was present in the residence thus potentially has the effect of increasing a defendant's actual time spent in custody.

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