In Re Cain
Opinion
Opinion
Regan, J.
Petitioner Clarence D. Cain, a prisoner at Folsom State Prison, by this petition for habeas corpus seeks to compel his return to the State of Washington, there to complete partially served Washington sentences and thus to serve his California sentences and the prior Washington sentences concurrently.
Petitioner is subject to two California judgments and commitments. He is also subject to three Washington sentences, two of life and one of not more than 10 years, each of which is to run consecutively.
Respondent states its opposition to the petition and seeks a dismissal thereof as follows:
Respondent’s first contention that the State of Washington does not intend to retake custody of petitioner is based upon a letter dated November 8, 1965, wherein the Board of Prison Terms and Paroles of Washington stated: “In view of the amount of time that Cain has been incarcerated in your Institution, our Parole Board is not planning on returning him to the state of Washington as a Parole Violator following his release from your institution. . . . Upon our being advised that he has been accepted for supervision, our Parole Board will no doubt reinstate his parole. ’ ’