In re Gomez, No. G042807

Petition for a writ of supersedeas by the California Department of Corrections and Rehabilitation, following grant of defendant's petition for habeas relief directing the Department to grant additional post-sentence conduct credit and to recalculate defendant's release date, is denied as Penal Code section 2933.1(a) has no effect when the only violent felony conviction at issue is stayed pursuant to section 654.   

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Appellate Information

Filed December 2, 2009

Judges

Opinion by Judge Ikola

Counsel
For Appellant:   Edmund G. Brown Jr., Attorney General, Julie L. Garland, Assistant Attorney General, and Heather Bushman and Gregory J. Marcot, Deputy Attorneys General

For Appellee:   Ronald G. Brower, John D. Barnett, and Mark W. Fredrick