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PEOPLE v. GARCIA

No. B168985.

16 Cal.Rptr.3d 833 (2004)

121 Cal.App.4th 271

The PEOPLE, Plaintiff and Respondent, v. Emilio GARCIA et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Seven.

As Modified on Denial of Rehearing August 17, 2004.

Rehearing Denied August 19, 2004.

Review Denied November 17, 2004.

Attorney(s) appearing for the Case

Gerald J. Miller, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant Emilio Garcia.

Dennis L. Cava, Pasadena, under appointment by the Court of Appeal, for Defendant and Appellant Heriberto Castillo.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jeffrey B. Kahan and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.

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...

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