In Re Baker

Defendant and respondent William E. Baker has been found guilty twice of the same crime and separately sentenced to prison, the first time for six years and a second time for three years. The shorter three-year term was the result of a petition for habeas corpus relief being granted in the trial court on the basis of ineffective trial counsel. However, three weeks after the imposition of the new, three-year sentence, the appeal from the first judgment to this court was concluded by our order affirming the judgment sentencing defendant to prison for six years. This curious state of affairs is the result of arguably conflicting positions taken by the trial court and this appellate court. As we will point out, the conflict is more superficial than real. Because of appropriate habeas corpus proceedings, the second sentence became the only viable one.

It is unnecessary for us to dwell long on the rather complex proceedings leading to this appeal, or on the facts which resulted in the defendant being charged with multiple violations of Penal Code section 288, subdivision (a) (lewd and lascivious acts with a child under 14 years of age). Each time, defendant was convicted of…