In Re Skief

This petition raises the question of whether the Board of Prison Terms (hereafter the Board) lost jurisdiction to conduct a “serious offender” hearing (Pen. Code, § 1170.2, subd. (b)) when it failed to do so within 120 days of petitioner’s initial receipt by the Department of Corrections or within 120 days after the decision in People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ]. We rely principally upon the decision in In re Schaefer (1981) 116 Cal.App.3d 588 [ 172 Cal.Rptr. 335 ] (hg. den. Apr. 29, 1981), in concluding that jurisdiction was not lost. We deny writ of habeas corpus.

Petitioner, confined under an Indeterminate Sentence Law commitment, was physically received by the Department of Corrections on January 2, 1975, and on July 21, 1976, the amended abstract of judgment presently controlling his commitment was received by the Department of Corrections. On February 23, 1978, in accordance with Penal Code section 1170.2, subdivision (a), his term was recomputed under determinate sentence law principles to a total of eight years and four months. Included in the computation were two eight-month periods for firearm enhancements related to…