In Re Welch

This is a People’s appeal from an order of the Alameda County Superior Court granting a petition for writ of habeas corpus by David Esco Welch and ordering his parole-free release from custody. The People contend that defendant is subject to further parole conditions and restraints. We agree.

The issue is whether defendant was on parole on August 9, 1985, when his parole was revoked. Our first task is to examine the various sentences he received to determine when defendant was entitled to release from imprisonment. Once this date is established, we apply the applicable law to determine whether defendant was on parole when his parole was revoked. If he was on parole, the People’s contention has merit. If not, the court correctly concluded that the parole board had no authority to revoke defendant’s parole.

Defendant was sentenced on May 29, 1981, on information Nos. 69354 (burglary and auto theft) and 70554 (assault). His sentence on 69354 was five years and eight months (later reduced to four years and eight months); he received a three-year concurrent term on 70554. On August 8, 1981, he was sentenced in action 71880 (theft). The term imposed was eight months, although…