California Penal Code Section 2933.1 Interpretation
Section 2933.1, subdivision (a) states:
"Notwithstanding any other law, any person who is convicted of a felony offense listed in Section 667.5 shall accrue no more than 15 percent of worktime credit, as defined in Section 2933."
This language appears self-evident, and indeed, Division Two of this court has held that "section 2933.1 applies only where the defendant's current conviction is a violent felony listed in section 667.5." (See People v. Henson (1997) 57 Cal. App. 4th 1380, 1389 67 Cal. Rptr. 2d 734.)
Section 667.5, subdivision (c) states: "for the purpose of this section, 'violent felony' means . . ." and sets forth 19 specific felonies and describes the circumstances under which certain of these felonies must be committed. Subdivision (c) also states:
"The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society's condemnation for these extraordinary crimes of violence against the person." Similarly, legislative history indicates that " 'the legislative intent in enacting subdivision (c) of Section 667.5 . . . was to identify these "violent felonies" and to single them out for special consideration in several aspects of the sentencing process.' " (People v. Henson, supra, 57 Cal. App. 4th at p. 1386; Stats. 1980, ch. 132, 1(b), p. 305.)
Section 667.5, subdivision (c) does not list conspiracy to commit the crimes set forth therein or conspiracy to commit any particular act or crime as a qualifying violent felony.
The statute specifies two factual situations when first degree robbery qualifies as a violent felony:
(1) when the robbery is committed in an inhabited dwelling or vessel and the defendant has personally used a firearm;
(2) where the defendant, acting in concert with two or more others, commits the robbery within an inhabited dwelling house or vessel. ( 667.5, subd. (c)(9) & (18), 213, subd. (a)(1)(A).)