P. v. Philpot

Annotate this Case

Download PDF

Filed 10/27/04 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E034238 v. (Super.Ct.No. FVI015746) DAVE EDWARD PHILPOT, ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] AND DENIAL OF PETITION FOR REHEARING Defendant and Appellant. Plaintiff and Respondent s petition for rehearing is denied. The opinion filed in this matter on August 27, 2004, is modified as follows: 1. On page 18, beginning with the last sentence of the first paragraph, it is modified to read as follows: credit). Presentence conduct credits may not be used, however, to reduce either a minimum term of 25 years or a maximum term of life. (People v. Carpenter (1979) 99 1 Cal.App.3d 527, 535-536; § 3046.)1 Accordingly, we conclude that after defendant has served the minimum term, the Board of Prison Terms may use defendant s section 4019 credits in determining defendant s release date. (Carpenter at pp. 535-536.) Thus, even if defendant s sentence is solely an indeterminate term, he is entitled to an award of section 4019 conduct credits. The abstract of judgment should therefore be modified accordingly. Except for these modifications, the opinion remains unchanged. This modification does not effect a change in the judgment. CERTIFIED FOR PUBLICATION s/Richli J. We concur: s/Ramirez P. J. s/King J. 1 Section 3046 states in pertinent part: (a) No prisoner imprisoned under a life sentence may be paroled until he or she has served the greater of the following: [¶] (1) A term of at least seven calendar years. [¶] (2) A term as established pursuant to any other provision of law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.