In Re Eyre

Petitioner, having entered a plea of guilty to violating the 'State Narcotic Act, was sentenced on February 28, 1933, by the Superior Court of Los Angeles County to “be punished by imprisonment in the county jail of the county of Los Angeles for the term of two years, with six months off for good time earned”. The return of the sheriff admits “that the said petitioner has earned his good time to- be allowed upon said sentence, but I am advised by counsel and believe the amount of good time is limited by law to five days in each month, and consequently the defendant is not entitled to a deduction of six months from his said sentence but is only entitled to a deduction of four months from his said sentence, so that said sentence has not yet expired”.

Section 1614 of the Penal Code provides, in the case of prisoners employed by order of the board of supervisors upon public works or ways in the county, as follows: “For each month in which the prisoner appears by the record to have given cheerful and willing obedience to the rules and regulations, and that his conduct is reported by the officer in charge of the jail to be positively good, five days shall, with the consent of the board…