Lara

The People’s appeal is from an order granting respondent Lara’s petition for release on habeas corpus.

Facts

In 1983, respondent Lara was sentenced to state prison for a term of five years for a violation of Health and Safety Code section 11352. Originally, this sentence had been augmented by a two-year enhancement imposed pursuant to section 12022.1 of the Penal Code. On January 28, 1987, however, the trial court struck the two-year enhancement and reduced respondent’s sentence to just five years in accordance with the sentencing rule announced by the Supreme Court in People v. Overstreet (1986) 42 Cal.3d 891 [ 231 Cal.Rptr. 213 , 726 P.2d 1288 ]. Upon a recalculation of the actual term to be served by respondent, the Department of Corrections concluded that respondent had served an excess prison term of 329 days. Respondent was forthwith paroled on February 19, 1987, and received a parole term of three years.

In September 1987, a hold was placed on respondent’s parole for alleged parole violations. The Board of Prison Terms held a hearing on the alleged violations in October 1987. At the conclusion of the hearing, the board determined to revoke respondent’s parole…