In the Matter of Richard G. Costello

Costello is a state prisoner who seeks to prosecute his appeal in a habeas corpus proceeding in forma pauperis. Judge Yankwich refused to grant the certificate of probable cause and privilege of prosecuting the appeal in forma pauperis, stating that the appeal was without merit.

The question sought to be presented in the appeal concerns the validity of action taken under California law dealing with the redetermination of sentence under the indeterminate sentence statutes. Petitioner was originally sentenced to a term of from one to fourteen years, and the Adult Authority later set his term at six years. Before serving the six years, petitioner was released on parole. He then violated his parole, was recommitted; and the Adult Authority fixed his term at fourteen years. He contends that his term was set at six years and cannot be changed later.

This matter was heard in the state courts, and certiorari was denied by the Supreme Court of the United States. Judge Yankwich felt that the matter was amply settled and denied habeas corpus. There is no real need of having the entire record here before us, as indicated in Farley v. United States, 354 U.S. 521 , 77 S.Ct. 1371 , 1 L.Ed.2d…