In Re Beasley
Opinion
Opinion
Devine, J.
Petitioner seeks release from the state prison by means of habeas corpus. His point is that when the Adult Authority purportedly refixed his sentence at maximum (which is life imprisonment, his conviction having been for first degree robbery) on August 10, 1962, his term had expired ; wherefore, the Authority was without power to act as it did.
Petitioner was received in state prison on the robbery charge on July 17, 1949, His term was fixed at 5% years. He was paroled, but parole was revoked and return to prison was ordered on May 15, 1953. On this date, petitioner was incarcerated in the Orange County jail, because he had been convicted on April 29, 1953, of violation of Penal Code section 311 (indecent exposure). Actual return to the state prison was made on June 3, 1953. Petitioner was charged with 19 days’ “bad time,” although he was not at large but was held by order of the Adult Authority for return to prison.
On September 1, 1955, petitioner’s term was refixed at nine years. The expiration date was computed as August 5, 1958. Had not the 19 days been added to the term, he would have been entitled to release on July 16, 1958.