In Re Barnes

On April 26, 1984, petitioner, in pro. per., filed a petition for a writ of habeas corpus in the Kern County Superior Court to challenge on equal protection grounds the unavailability of Penal Code section 2933 credits to him while he was incarcerated in the restrictive housing unit of the California Correctional Institution at Tehachapi (Tehachapi). The superior court denied the petition on May 30, 1984, with a brief statement of reasons.

Petitioner then filed a similar petition in this court raising the identical challenge. We posed questions and directed respondent, the Superintendent of Tehachapi, to file preliminary opposition addressing the issues raised by our questions. Likewise, we granted petitioner leave to reply to respondent’s opposition.

After receiving briefs, this court appointed a special referee to hear the matter and make written findings of fact upon issues raised by this court. In addition, we appointed counsel for petitioner.

Following the referee’s extended hearing and comprehensive findings, this court ordered the parties to brief issues raised by the findings. The parties have respectively filed several briefs. On May 20, 1985, respondent filed…