In Re Farley
Opinion
Opinion
Sims, J.
The California Department of Corrections (CDC) identifies sex offenders in the prison population by affixing an “R” suffix to the inmate’s custody designation. This habeas corpus proceeding involves the interpretation of subdivision (b)(1) and (2) of section 3377.1 of title 15 of the California Code of Regulations, which provides in relevant part as follows:
We shall conclude that subdivision (b)(1) and (b)(2) provide for independent grounds for attaching an “R” suffix and that, in this case, CDC properly relied on subdivision (b)(2) to attach an “R” suffix to petitioner’s custody designation.
Background
On June 8, 1998, the Los Angeles County Superior Court sentenced petitioner Lionel Farley to 47 years eight months in prison for assaulting a peace officer with a semiautomatic firearm (Pen. Code, § 245, subd. (d)(2)), conspiracy (§ 182, subd. (a)(1)), seven counts of attempted burglary (§§ 211, 664), shooting at an occupied building (§ 246), possession of a firearm by a felon (§ 12021, subd. (a)(1)), and several gun-related sentence enhancements (§§ 12022, subd. (a)(1), 12022.5, subd. (a)(1)). All the commitment offenses occurred in 1997.