In Re Panos

Petitioner is presently confined in the state prison serving concurrent sentences imposed under the Indeterminate Sentence Law following his convictions of first degree robbery and aggravated assault in San Bernardino County and first degree robbery in Los Angeles County. In each case a finding was made that defendant personally used a firearm during the commission of the charged offense within the meaning of Penal Code section 12022.5; an allegation in the San Bernardino proceedings that defendant had suffered a prior felony conviction within the meaning of former section 3024 was found to be true. On October 13, 1978, the Community Release Board (now Board of Prison Terms, hereafter Board) recomputed petitioner’s term at six. years under the provisions of the determinate sentencing law (§ 1170.2, subd. (a)) consisting of the following components: three years middle term for the San Bernardino robbery conviction; two years enhancement for use of a firearm (§ 12022.5) and an additional year for the prior felony conviction (§ 667.5, subd. (b)). Based upon the recomputed term the Board ultimately fixed April 8, 1982, as petitioner’s minimum parole release date. In his…