In Re Schaefer

Defendant, an inmate of California Institution for Men, Chino, California, filed a petition for a writ of habeas corpus on the ground that he was being held in prison beyond his legal release date. He contended that he had not received proper credit for presentence time pursuant to Penal Code section 2900.5, that his calculated determinate sentencing law (DSL) term violated the rule of People v. Harvey (1979) 25 Cal.3d 754 , [ 159 Cal.Rptr. 696 , 602 P.2d 396 ], and that he was improperly subjected to two extended term hearings under section 1170.2, subdivision (b). We issued an order to show cause why the relief prayed for should not be granted.

The record shows that defendant committed a number of armed robberies in 1975 while on parole for a previous robbery conviction. He was apprehended and convicted of 12 robberies with use of a firearm. While imprisoned for these convictions, defendant was convicted and sentenced for two additional robberies in 1976 (Santa Clara No. 62562 and Riverside No. 14036). Consequently, when the DSL took effect on July 1, 1977, defendant was imprisoned for at least four separate convictions on which he had been sentenced pursuant to the…