In Re Jackson

Petitioner, an attorney at law, was sentenced to 10 days in jail for 2 instances of contempt of court, the maximum allowable under Code of Civil Procedure section 1218. The circumstances behind the contempt charges are not relevant to the petition, but may be found in In re Jackson (1985) 170 Cal.App.3d 773 [ 216 Cal.Rptr. 539 ].

The court sentenced petitioner to serve his ten days over four weekends, as follows:

Petitioner served the first two weekends. On November 1, 1985, when he was to reenter jail for his third weekend, petitioner obtained a stay of the imposition of sentence until November 6, 1985, when his motion to modify the sentence was scheduled for hearing.

At the November 6 hearing petitioner’s motion to modify the sentence was denied, and an amended commitment to jail was filed by the court, sentencing petitioner to jail from Friday, November 8 at 6 p.m. to Monday, November 11 at 6 a.m., and again from Friday, November 15 at 6 p.m. to Saturday, November 16 at 6 p.m.—in other words, petitioner was to serve the remainder of his sentence one week later than originally planned.

On November 8, petitioner filed in this court a petition for a writ of habeas…