In re Morgan

Appeal by the People from an order of Marin County Superior Court granting respondent’s petition for a writ of habeas corpus.

Respondent was sentenced to state prison on January 24, 1962 by the Los Angeles Superior Court, in action No. 248795-94, hereafter “first action.” On the same date the same court, without pronouncing judgment, granted probation to respondent for a period of five years in action No. 252352, hereafter “second action.” Both convictions were for forgery (Pen. Code, § 470).

On June 19, 1962 probation in the second action was revoked. On August 24, 1962 respondent was sentenced in this action in his absence to state prison pursuant to Penal Code section 1203.2a, as it then provided. The People admit the *439 unconstitutionality of this procedure. (In re Klein, 197 Cal.App.2d 58 [ 17 Cal.Rptr. 71 ] ; see also In re Peres (1966) 65 Cal.2d 224 [ 53 Cal.Rptr. 414 , 418 P.2d 6 ].) The sentence was ordered to be served consecutively to the term imposed in the first action.

On August 26, 1964 the Adult Authority fixed the term in the first action at four years, with February 15, 1966 set as the discharge date. On the same date the sentence in the second action was…