In Re O'Neil

Good Law
141 Cal. Rptr. 338·1977 Cal. App. LEXIS 1900·74 Cal. App. 2d 120·74 Cal. App. 3d 120
Court of Appeal of CaliforniaOctober 18, 1977Crim. 9447California715 words

Opinion

Opinion

Puglia, J.

--On March 25, 1970, after having entered a plea of guilty to a charge of violating section 11912 (now § 11379) of the Health and Safety Code, petitioner was found to be a narcotics addict within the meaning of Welfare and Institutions Code section 3051 and was committed to the California Rehabilitation Center (CRC) for treatment.

During the ensuing years, petitioner absconded from CRC supervision for a total of 7 months and 25 days and was declared to be .a “releasee-at-large” for that period of time. The Director of Corrections deducted petitioner’s “at-large” time from the computation of time expired since petitioner’s commitment to CRC and delayed petitioner’s discharge date accordingly.

(1a) Petitioner filed the instant petition for a writ of habeas corpus contending that the Director of Corrections had unlawfully reset his discharge date, causing petitioner to be restrained at CRC for a period exceeding the seven-year maximum commitment period provided in Welfare and Institutions Code section 3201. The contention is unavailing.

Welfare and Institutions Code section 3201 provides in pertinent part, as follows: “If a person committed pursuant to this chapter has…

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