In Re Kemper

The People’s appeal is from an order granting respondent Winston Hilliard Kemper’s petition for release on habeas corpus.

The record shows that respondent pled guilty to a second degree burglary committed August 5, 1977, and was sentenced, on January 5, 1978, to 3 years imprisonment, with 107 days’ presentence credit. Kemper, and not the People, appealed from the judgment.

After sentencing, Kemper remained in custody of the Alameda County Sheriff until March 13, 1978: on that day he was delivered to the Department of Corrections at San Quentin.

Meanwhile, Division Three of this court in an opinion filed March 26, 1979, and modified April 25, 1979, ordered Kemper’s sentence reduced to 16 months. Since he had as of that time served more than 16 months, on July 12, 1979, he was paroled.

When, following his parole, Kemper failed to report to his parole officer, the latter recommended suspension of parole, and a revocation hearing was held September 19, 1979. At that hearing Kemper testified he had never been notified of the relevant requirements, and had twice reported to the parole office, only to be told the officer had no record of his parole. Nevertheless, the parole…