In Re Howard
Opinion
Lead Opinion
Conrey, J.
On petition of Albert Howard, a writ of habeas corpus was allowed herein. On return duly made the matter has been submitted for decision.
On the thirteenth day of May, 1924, in the police court of the city of Los Angeles, in an action wherein the petitioner was defendant, he pleaded guilty to a charge of misdemeanor. Thereupon the defendant was sentenced to imprisonment in the city jail for the term of 180 days. At the same time the court made this order: “Execution suspended for 3 days.” At that time, the defendant was in fact allowed his liberty without any order of court to that effect other than a supposed implication from the suspension of execution. On the seventeenth day of February, 1925, petitioner was arrested and imprisoned in the city jail to begin the service of said sentence. The commitment bears date May 13, 1924, which was the date of the judgment.
The sentence was not enforced or modified, nor was any revocation of the suspension of sentence ever requested or granted during the six months immediately following the date of the judgment; and six months, it will be noted, was the maximum period of sentence allowed by law for the stated offense.