In Re Sommers

The petitioner was convicted' of the crime of forgery and sentenced to imprisonment at Folsom state prison, where he was received October 21, 1924. His term was subsequently fixed by the prison board at five years’ imprisonment. June 11, 1927, he was granted parole. For violation of the terms of his parole, the credits . and parole were forfeited and canceled October 29, 1927. The petitioner failed to return to the state prison to complete his sentence, but continued to violate his parole by absconding and concealing his whereabouts from the prison authorities. He thereby became a fugitive from justice. The prison authorities had no knowledge of his whereabouts until he was arrested at Los Angeles on June 12, 1931, convicted and sentenced to one year imprisonment in the county jail for the commission of a subsequent offense. After the expiration of his term of imprisonment in the county jail at Los Angeles, he was returned to Folsom to complete the service of his term in that institution. It is contended the petitioner is entitled to his discharge from custody for the reason that the five-year term of imprisonment fixed by the prison board has expired.

The petitioner’s term of…