In Re Dayan

By petition for writ of habeas corpus, Danilo Dayan seeks immediate release from the custody of the Department of Corrections. Petitioner alleges that he has been wrongfully denied application of good-time and work-time credits (Pen. Code, § 2931 et seq.) to his sentence. Petitioner is confined pursuant to a 1980 judgment and sentence of 15 years to life. Petitioner was also sentenced to two years for gun use. He was received by the Department of Corrections on December 19, 1980; his minimum eligible parole release date (MEPD) was established at May 3, 1990. This date was reached by application of section 2933 and 2931 credits against the statutory minimum sentence for second degree murder of 15 years.

On March 21, 1990, after hearing, the Board of Prison Terms found petitioner suitable for parole. It determined that his term of imprisonment on his life sentence should be 180 months (15 years) commencing the day after his 2-year enhancement ended. It then deducted 29 months in credits granted in accordance with its administrative regulations arriving at September 12, 1994 as petitioner’s projected release date. Petitioner contends, however, that his section 2933…