In Re Daniels

This is an appeal from a writ of habeas corpus which was granted by the Superior Court of Sacramento County. The controversy involves certain prison credits which were deducted from the petitioner’s term of imprisonment.

The petitioner was convicted of the offense of receiving stolen property and sentenced to Folsom State Prison. He was received in that institution June 27, 1925. His term was subsequently fixed by the board of prison directors at five years’ imprisonment. Without the benefit of prison credits he would not have been entitled to his discharge until May 3, 1931. In 1928 he was admitted to parole. During the period of his parole he was convicted of a subsequent offense and served time as punishment therefor in the county jail at Los Angeles. His parole was thereupon revoked and he was returned to Folsom State Prison May 14, 1929. Upon hearing, the board of prison directors found that he was guilty of a violation of his parole, and ordered that he be punished “by a forfeiture of such time credits as he has heretofore earned, or may hereafter earn”. Thereafter the board of prison directors duly adopted a resolution on January 26, 1929, awarding all prisoners of that…