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IN RE TATE

No. F047529.

37 Cal.Rptr.3d 710 (2006)

135 Cal.App.4th 756

In re Breonne TATE, On Habeas Corpus.

Court of Appeals of California, Fifth District.

January 12, 2006.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Assistant Attorney General, Stephen P. Acquisto and R. Michael Llewellyn, Deputy Attorneys General, for Appellant California Department of Corrections.

Heather MacKay, under appointment by the Court of Appeal, for Respondent Breonne Tate.

OPINION

GOMES, J.

The Department of Corrections (Department) appeals the lower court's granting a writ of habeas corpus to inmate, Breonne Tate. During Tate's incarceration on a four-year six-month prison term for a violent felony, Tate was convicted of a nonviolent in-prison offense and sentenced to a fully consecutive two-year term. Because the four-year six-month term was for a violent felony, the Department applied Penal Code section 2933.1's

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