In Re Tate

Opinion

GOMES, J.

The Department of Corrections (Department) appeals the lower court’s granting a writ of habeas corpus to inmate, Breonne Tate. During Tate’s incarceration on a four-year six-month prison term for a violent felony, Tate was convicted of a nonviolent in-prison offense and sentenced to a fully consecutive two-year term. Because the four-year six-month term was for a violent felony, the Department applied Penal Code section 2933. l’s 1 limitation on credits to the terms on both convictions. The trial court partially granted Tate’s petition for writ, finding the statute’s…