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PEOPLE v. THOMAS

No. S075090.

90 Cal.Rptr.2d 642 (1999)

988 P.2d 563

21 Cal.4th 1122

The PEOPLE, Plaintiff and Respondent, v. Otis Michael THOMAS, Defendant and Appellant.

Supreme Court of California.

December 6, 1999.

Attorney(s) appearing for the Case

Ava R. Stralla, San Diego, and Gary M. Mandinach, Los Angeles, under appointments by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Carol Wendelin Pollack, Assistant Attorney General, Lance E. Winters, Victoria Bedrossian, Donald E. de Nicola, Sanjay T. Kumar and Louis W. Karlin, Deputy Attorneys General, for Plaintiff and Respondent.

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...

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