Fleischer

Fleischer v. Adult Authority

Good Law
1962 Cal. App. LEXIS 2442·20 Cal. Rptr. 603·202 Cal. App. 2d 44
Court of Appeal of CaliforniaMarch 30, 1962Civ. No. 10368California914 words

Opinion

Lead Opinion

Schottky, J.

This is an appeal from an order of the superior court denying appellant’s petition for a writ of prohibition.

Appellant while an inmate at Folsom State Prison filed a petition for a writ of prohibition seeking a court hearing to review the actions taken by the Adult Authority.

Appellant designated six causes of action in his petition: (1) that the Adult Authority functions in an unconstitutional manner in that it solicits secret indictments and informations and tries defendants without their knowledge; (2) that the Legislature has unconstitutionally taken the fixing of sentences from the courts and delegated it to the Adult Authority; (3) that on June 14, 1960, while appellant was on parole, the Adult Authority wrongfully and unconstitutionally increased his sentence from five years to six years, and on September 30, 1960, revoked appellant’s parole and remanded him to prison on a void commitment; (4) that on January 18, 1961, *46 the Adult Authority wrongfully and unconstitutionally and without a new offense having been committed raised appellant’s sentence; (5) that the Adult Authority wrongfully and unconstitutionally refused to grant appellant a rehearing; and (6) that the…

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