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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Filed December 2, 2009
Opinion by Judge Ikola
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
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