Hyde

Information No. A-104198 was filed on May 31, 1968, charging Elmer Robert Hyde (Hyde) and Loretta Lee Vineyard with a violation of Penal Code section 211, on February 7, 1968—a robbery of Rosalie Simon in which great bodily injury was inflicted on Simon. This information was presumably dismissed on February 3, 1969, after Hyde was discharged from custody on petition for writ of habeas corpus. On February 24, 1969, information No. A-107588 was filed charging Hyde with the same offense. He was found guilty and sentenced to state prison on November 26, 1969. The judgment of conviction was affirmed by the Court of Appeal (2d Crim. No. 17515) and remittitur issued August 17, 1970. On August 21, 1973, Hyde filed a motion for credit for presentence jail time alleging that he was arrested April 5, 1968, bail was fixed in the sum of $100,000 which he was unable to make and he remained in jail until he was sentenced to state prison on August 1, 1969, and that under authority of In re Young, 32 Cal.App.3d 68 [ 107 Cal.Rptr. 915 ] he was entitled to such credit. The motion was captioned in cases No. A-104198 and A-107588, and was denied in both cases. Hyde appeals from the order…