Legal Opinion
People v. Garcia
California Court of Appeal
Decided August 17, 2004No. B168985PublishedCited by 21 opinions
1Opinion of the Court
Opinion
PERLUSS, P. J.
A defendant convicted of a violent felony, as defined in Penal Code section 667.5, 1 may not accrue presentence conduct credits greater than 15 percent of his or actual period of confinement. (§ 2933.1, subd. (c).) One such violent felony is first degree burglary “wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.” (§ 667.5, subd. (c)(21).) Must the jury make a special finding that a nonaccomplice was present during the commission of the offense or may that issue be decided by…
2Cases cited26 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Harris v. United StatesSupreme Court of the United States · 2002
- People v. ScottCalifornia Supreme Court · 1994
- People v. BolinCalifornia Supreme Court · 1998
21 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. LaraCalifornia Supreme Court · 2012
- People v. SingletonCalifornia Court of Appeal · 2007
- State of Arizona v. Tynerial Ray KindredCourt of Appeals of Arizona · 2013
- State v. SpencerCourt of Appeals of Washington · 2005
- State v. SpencerCourt of Appeals of Washington · 2005
16 more not listed; retrieve them via the Exa API.