In Re Philpott

In these consolidated cases, George Aubrey Philpott and Daniel Lee Kennedy each seeks immediate release by way of petition for writ of habeas corpus, asserting that his present incarceration in state prison pursuant to parole revocation exceeds the 12-month maximum confinement set forth in Penal Code section 3057, subdivision (a). On each petition we issued order to show cause. For the reasons hereinafter stated, we deny each petition and discharge the order to show cause.

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In re Philpott, No. B008116

Following conviction of attempted burglary, Philpott was sentenced to 18 months in state prison. After serving approximately 10 months, he was released on parole on April 29, 1982. On July 8, 1982, petitioner tested positive for morphine; he was placed in custody and his parole was revoked for a period of two months. Petitioner again was arrested, on June 14, 1983, for forgery, possession of a deadly weapon and use of heroin. This time his parole was revoked for 12 months; he was released from confinement in state prison pursuant to that revocation on June 14, 1984. On August 2, 1984, he was arrested for an assault, and his parole was revoked for a period of 12 months.…