In Re Carmichael

The People appeal from an order of the Solano County Superior Court granting a writ of habeas corpus directing the Board of Prison Terms to recompute Michael D. Carmichael’s term of imprisonment for violating Penal Code section 4500. We reverse.

Facts

In 1971, Michael D. Carmichael was convicted in the San Bernardino County Superior Court of escape from lawful custody (§ 4532, subd. (b)), burglary (§ 459), and first degree robbery (§ 211, former § 211a). He was sentenced to state prison.

On July 14, 1972, Carmichael was convicted in the San Luis Obispo County Superior Court of a violation of section 4500: assault by an inmate serving a life term. Carmichael was sentenced to state prison for the term prescribed by law.

In 1981, Carmichael filed a petition for writ of habeas corpus in the Solano County Superior Court. He requested the court to order the Board of Prison Terms to recompute his term of imprisonment for the violation of section 4500 and to give him the benefit of the lesser punishment provided by section 4501 which proscribes in-prison assaults by nonlifers. His theory was twofold: (1) retroactive application of section 4501 was mandated by People v.…