In Re Fain

The Adult Authority and Raymond K. Procunier, its Chairman, appeal from an order which directs the issuance of a writ of habeas corpus and has the effect of ordering the immediate release of respondent William Archie Fain on parole from state prison. The order was made upon the trial court’s determination that “final” administrative action taken by the Adult Authority, granting Fain a parole and setting a date for his actual release, could not be rescinded by the authority prior to his release. We have concluded that the court erred in this determination; we reverse the order.

Fain came within the parole-setting jurisdiction of the Adult Authority, pursuant to the Indeterminate Sentence Law (Pen. Code, §§ 1168, 3040 et seq.; In re Stanley (1976) 54 Cal.App.3d 1030, 1033 [ 126 Cal.Rptr. 524 ]), by reason of his commitment to the Department of Corrections under sentences imposed upon his convictions, in two successive prosecutions, of murder and an array of other felonies committed in Stanislaus County. The several crimes and prosecutions, which resulted in three previous appellate decisions (People v. Fain (1969) 70 Cal.2d 588 [ 75 Cal.Rptr. 633 , 451 P.2d 65 ]; Fain v.…