In Re Park

Petitioner filed a petition for habeas corpus in the state Supreme Court. That court issued an order returnable before this court, directing the People to show cause “why petitioner’s now expired term for violation of Penal Code section 459 . . . should not be redetermined pursuant to In re Rodriguez, 14 Cal.3d 639 [ 122 Cal.Rptr. 552 , 537 P.2d 384 ], and the commencement date of the consecutive term for violation of Penal Code section 245 ... established in conformity therewith.”

In October 1960, petitioner was convicted of second degree burglary, an offense carrying an indeterminate sentence of 1 to 15 years. (Pen. Code, § 461.) He was sentenced to state prison, where he arrived on October 26, 1960. Over the ensuing years petitioner was in and out of prison as a result of grants and infractions of parole. As was then the practice, his term was refixed at maximum concurrently with each parole suspension. In August 1970 petitioner was temporarily in the San Diego County jail, where he attacked and severely injured a jail inmate. As a result he was convicted in May 1971 of assault with a deadly weapon and sentenced to state prison. As it then read, Penal Code section…