In Re Bentley

The People have appealed from a final order of the Superior Court of San Diego County made upon the return of a writ of habeas corpus discharging William Earl Bentley from the custody of the California Adult Authority (the Authority) and the Sheriff of San Diego County, by whom he was being held for the Authority.

Bentley was granted parole by the Authority on August 17, 1970, from a sentence for robbery in San Diego County, in which the term had been fixed at nine and one-half years on August 6, 1970. Prior to September 21, 1973, the Department of Corrections had computed the discharge date fixed by the Authority as April 20, 1974.

Also prior to September 21, 1973, Bentley had been charged in San Diego County with manslaughter committed in the operation of a vehicle, in violation of Penal Code section 192, subdivision (3)(a). On September 21, 1973, while Bentley was in custody in the San Diego County jail, a prerevocation hearing was calendared by the Authority. He waived the prerevocation hearing and on October 1, 1973, his parole was revoked and his term refixed at the maximum—life.

While still in the custody of the San Diego County Sheriff, Bentley filed a petition…