In re Gallegos

Petitioner, 1 now confined in Folsom State Prison at Represa, petitions this court for a writ of habeas corpus.

Sole Question Pbesented

Where one convicted of violation of section 11530 of the Health and Safety Code (possession of marijuana) is committed as a narcotic addict for placement in the California Rehabilitation Center and the Adult Authority revokes his parole on prior convictions may he be returned to the superior court for sentence on the last conviction without being held at the center for 60 days, as seemingly required by the then section 6453 of the Penal Code (now Welf. & Inst. Code, § 3053.) ?

Recobd

Petitioner was convicted in 1957 of violation of section 11500 of the Health and Safety Code (possession of narcotics) and sentenced to state prison for the term prescribed by law. In 1958 he was likewise convicted of violation of section 11500 of the Health and Safety Code and sentenced to state prison, his sentence to run concurrently with that of the 1957 conviction. In 1960 petitioner was convicted of violation of section 11530 of the Health and Safety Code (possession of marijuana) and served a term of imprisonment therefor in the state prison. On February…