In Re Bush

When the Board of Parole Hearings (Board) determines that a prisoner serving an indeterminate life sentence is suitable for parole, it must calculate a base term for the offense and set a parole release date. (Cal. Code Regs., tit. 15, §§ 2282, 2289, 2290.) In some cases, the time already served by the prisoner exceeds this base term. We conclude that although such a prisoner is entitled to immediate release, he or she is not entitled to have that additional time credited against the parole period. We deny the writ of habeas corpus sought by petitioner Ronnie Gene Bush, concluding that he is not entitled to the relief requested, namely, that he be discharged from his five-year parole period based on time he served in prison in excess of the base term.

I. Factual and Procedural Background

Bush was convicted in 1985 of conspiracy to commit kidnapping for ransom (Pen. Code, §§ 182, 209) and attempted kidnapping for ransom (§§ 664, 209). The Marin County Superior Court sentenced him to an indeterminate life term for the conspiracy count, with a stayed nine-year term for the attempted kidnapping, plus a one-year term for a weapon enhancement. Bush’s life term commenced on…