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PEOPLE v. DUFF

No. G036562.

60 Cal.Rptr.3d 185 (2007)

151 Cal.App.4th 913

The PEOPLE, Plaintiff and Respondent, v. James Edward DUFF, Jr., Defendant and Appellant.

Court of Appeal of California, Fourth District, Division Three.

May 31, 2007.

Attorney(s) appearing for the Case

Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Heather F. Crawford, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOORE, J.

Defendant James Edward Duff, Jr., appeals the trial court's decision to deny him presentence conduct credits. He argues that because his sentence for murder was stayed pursuant to Penal Code section 654,1 the statute denying presentence conduct credits to those convicted of murder does not apply to him. We disagree and affirm the judgment.

I

FACTS

Given the limited nature of defendant...

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