In Re Strick

The issue in this petition for a writ of habeas corpus is whether new legislation regarding application of work credits against prison sentences should be applied retroactively.

Statement of Facts

Bernard Strick (petitioner) was convicted of voluntary manslaughter and assault with a deadly weapon, both offenses having occurred on December 10, 1978. He was sentenced to prison for a total of six years at the California Institution for Men in Chino, and began serving his sentence on June 3, 1980. He received 157 days of preprison credit against his sentence.

On July 15, 1980, petitioner was assigned to the institution’s Permanent Work Crew (PWC) and was given a position as clerk for the prison’s law library. He continued to work in that capacity throughout his incarceration.

Penal Code section 2931, subdivision (a), in effect at the time of Bernard’s incarceration, provided that: “. . . the Department of Corrections shall have the authority to reduce the term prescribed under such section by one-third for good behavior and participation consistent with subdivision (d) of section 1170.2.”

Petitioner’s prison record qualified him under this section to have his sentence…