In Re Tartar

By application for habeas corpus petitioner seeks release from prison on the ground that he has already served more than the maximum term for the crime of which he was convicted (second degree burglary). His imprisonment under sentence and commitment for this crime began in 1930, and the Adult Authority has chosen to treat him as serving a life sentence. This court issued an order to show cause and appointed counsel for petitioner.

The question is whether, under the circumstances of this case, a finding and declaration by the trial court that petitioner is an habitual criminal under the provisions of section 644 of the Penal Code can be effectual to extend his term to life imprisonment. We have concluded that by reason of certain expressly declared retroactive provisions included in section 644 when it was amended in 1931 to require a showing of service of terms of imprisonment upon prior convictions as a basis for making such prior convictions competent to establish the status of a defendant as an habitual criminal, petitioner is entitled to the relief he asks.

In June, 1930, petitioner pleaded guilty to second degree burglary committed on May 5, 1930, in the county of San…