Aguilera
Aguilera v. California Dept. of Corrections
Opinion
Opinion
Draper, J.
This appeal presents questions of the extent to which a parole violator’s time in county jail may be added to his maximum prison term. While difficult, the issue is hardly pressing in this case. Aguilera entered prison December 20, 1958, under concurrent sentences for a term of 1-25 years. Thus the Adult Authority now can hold him at least until late 1983. Only at that distant date can the 55 days here in issue affect either Aguilera or the authority. But the state chose to raise the issue now, and we must determine the appeal.
On August 1, 1962, after Aguilera had spent some 17 months on parole, his parole was cancelled and his return to prison ordered by the Adult Authority (Pen. Code, §§ 3056, 3060). He was arrested in Santa Clara County August 8 and was held in jail there under the authority’s order and on charges of misdemeanor traffic violations. He was convicted of the traffic violations and sentenced to county jail for terms totaling 72 days, all to run concurrently with his prison sentence. He was not returned to prison until 19 days after expiration of those terms. In 1963, he was again paroled and his parole was again cancelled. This time he was held 7 days in jail…