In re Hall
Opinion
lead Opinion
McComb, J.
An application for a writ of habeas corpus has been filed by Don Edgar Burris on behalf of Monroe Smith Hall (hereafter called petitioner) alleging that he is being illegally detained at Folsom State Prison.
Facts: Petitioner was convicted of assault with a deadly weapon, the maximum penalty being 10 years’ imprisonment (Pen. Code, § 245). He entered state prison on June 23, 1954, and on November 23, 1959, his term was fixed by the Adult Authority at eight and one-half years, with the last two and one-half years on parole. His tentative discharge date was set for December 23,1962.
On June 25, 1960, he was released on parole. While on parole he was arrested on suspicion of murder, was subsequently tried and found guilty of second degree murder, and on October 8, 1962, was sentenced to prison for the term prescribed by law, the sentence to run consecutively from the term he was then serving.
On October 12, 1962, the Adult Authority cancelled his parole for violation of two conditions: (1) conviction of murder and (2) associating, without permission, with a former inmate of a penal institution; and it refixed his term at the maximum until further order.