The Fourth Appellate District denied a petition for writ of supersedeas. The court held that under In re Phelon (2005) 132 Cal.App.4th 1214, Penal Code §2933.1(a) did not limit the postsentence credits accrued under §§2933 and 2933.3 by a defendant whose sentence for conviction of a violent felony was stayed pursuant to §654.
Adrian Gomez lost control of his auto and crashed into a tree. A passenger in Gomez’s car died. Gomez pleaded guilty to felonious gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, driving under the influence causing bodily injury, and driving under the influence with a blood alcohol content of 0.08 percent or more causing bodily injury.
