California Supreme Court

The People, Plaintiff and Respondent v. James Edward Duff, Jr., Defendant and Appellant

August 19, 201050 Cal. 4th 787

Summary

The court held that a defendant convicted of murder remains subject to the statutory prohibition on presentence conduct credit even when execution of the murder sentence is stayed under Penal Code section 654. The statute's broad notwithstanding language creates an exception to section 654 and applies based on the fact of the murder conviction, not on which sentence is executed. The court therefore affirmed the Court of Appeal's judgment.