People v. Thomas

Opinion

BROWN, J.

We consider in this case whether a defendant sentenced under the three strikes law (Pen. Code, 1 § 1170.12) is entitled to presentence conduct credits, and if so, whether he is entitled to such credits under section 4019 or to a lesser maximum amount under section 2933.1. We conclude a defendant is so entitled, and that the presentence conduct credits in this case are calculated under section 4019. We therefore reverse the judgment of the Court of Appeal.

I. Factual and Procedural Background

Defendant Otis Michael Thomas was found guilty of first degree residential burglary…