In Re Kepford

This is a petition for a writ of habeas corpus. The petitioner contends he is illegally restrained of his liberty for the reason that he has served the máximum time of imprisonment prescribed by law as a penalty for the offense of which he was convicted.

• June 6, 1929, the petitioner was convicted by a jury in San Joaquin County, of the felony of “driving an automobile without the consent of the owner”, for the purpose of temporarily depriving the owner of the possession thereof. At the same time he pleaded guilty to two former convictions of other felonies. He was sentenced to imprisonment in Folsom state prison for the indeterminate period prescribed by law. The prison board subsequently fixed his penalty at ten years’ imprisonment. That order was rescinded by the prison board May 14, 1932, and his term of imprisonment was fixed at seven years.

The petitioner contends that the maximum penalty for the offense of which he was convicted, together with the prior conviction of a felony, was but five years; that the term of imprisonment which was fixed by the prison board was excessive and void and that the credits which he has earned for good behavior entitle him to a discharge at…