Ciancanelli

Petitioner, appellant here, in a single prosecution was convicted of five counts of violation of section 211 of the Penal Code (robbery) arising out of the same transaction. He was sentenced to concurrent terms in the state prison, served approximately two and one-half years imprisonment, and then was granted a full and unconditional pardon on the grounds of innocence of the offenses charged.

Thereafter petitioner filed a timely claim with the State Board of Control seeking indemnification in the amount of $25,000, alleging this sum to be the total of $5,000 for each of the five crimes for which he was convicted. The State Board of Control allowed petitioner the sum of $5,000 in full settlement of his claim, refusing to recommend to the California Legislature that it make an appropriation of $25,000. The board further determined that the extent of pecuniary loss sustained by petitioner was in excess of $5,000.

The superior court denied a petition for writ of mandate, thus sustaining the order of the State Board of Control, and concluded:

Petitioner appeals from the judgment of the trial court, contending that but one question is presented, namely:

The Attorney General, for…