In re Pope 1/8/08 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C051564

Case Date: 04/09/2008

Preview:Filed 1/8/08

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re NATHAN POPE, On Habeas Corpus.

C051564 (Super. Ct. No. 05F05526)

APPEAL from the grant of a petition for writ of habeas corpus by the Superior Court of Sacramento County, Greta Fall, J. Reversed with directions. Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, James M. Humes and Robert R. Anderson, Chief Assistant Attorneys General, Frances T. Grunder and Julie L. Garland, Senior Assistant Attorneys General, Stephen P. Acquisto and Jennifer A. Neill, Supervising Deputy Attorneys General, and Krista L. Pollard, Deputy Attorney General, for Petitioner the People. Deborah Prucha, under appointment by the Court of Appeal, for Respondent Nathan Pope.

The People appeal from an order of the Sacramento County Superior Court granting defendant Nathan Pope's petition for writ of habeas corpus directing the California Department of Corrections and Rehabilitation (CDCR) to recalculate his Penal

1

Code section 29331 worktime credit without regard to the 15 percent limitation on such credit provided by section 2933.1, subdivision (a) (hereafter section 2933.1(a)) for persons convicted of a violent felony.2 The superior court's ruling was

based on a decision of the Court of Appeal, First Appellate District, Division Two. 1214 (Phelon).) Phelon. (In re Phelon (2005) 132 Cal.App.4th

The superior court was required to follow In our view, Phelon was

We are not so restrained.

wrongly decided.

Concluding that section 2933.1(a) is

applicable to defendant, we shall direct the superior court to vacate its order denying the petition. PROCEDURAL HISTORY AND FACTS In January 2002, while driving under the influence of alcohol and cocaine, defendant struck another vehicle, causing the death of the driver. Defendant pled guilty to gross

vehicular manslaughter while intoxicated (Pen. Code,

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