In re Massey CA2/5
On June 8, 2016, petitioner Meggen G. Massey entered a no contest plea to one count of arson (Pen. Code, § 451, subd. (b)) in exchange for dismissal of the remaining counts, a five-year sentence, and an agreement to receive 50 percent custody credits. On January 4, 2017, the trial court sentenced pursuant to the plea agreement to the mid-term of five years. Her counsel asked: “That is a 50 percent sentence, correct, Your Honor?” The court confirmed: “That is correct. That was the agreement.”
Arson is a violent and serious felony under sections 667.5, subdivision (c)(10) and 1192.7, subdivision (c)(14), however, and Massey’s credits are statutorily limited to 15 percent. (§ 2933.1, subd. (a).) Accordingly, the California Department of Corrections and Rehabilitation (CDCR) has advised Massey she is receiving credits at a 15 percent rate, not the promised 50 percent.
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