People v. Henson

Opinion

RICHLI, J.

Defendant was convicted of first degree burglary (Pen. Code, § 459), 1 stalking (§ 646.9, subd. (a)), and peeking while loitering. (§ 647, subds. (h), (i).) Because defendant had prior serious and violent felony convictions, the court sentenced him to a term of 25 years to life for each current offense, pursuant to the three strikes law. (§§ 667, subds. (b)-(i), 1170.12.)

In the published part of this opinion, we conclude the court improperly limited defendant’s presentence conduct credits to 15 percent of time served, under section 2933.1. That statute applies only where the…