In re Mahood

Good Law
124 Cal. Rptr. 404·1975 Cal. App. LEXIS 1369·51 Cal. App. 3d 248
Court of Appeal of CaliforniaSeptember 11, 1975Crim. No. 14356California1,963 words

Opinion

Lead Opinion

Sims, J.

This matter is before the court on a return to an order to show cause issued by the Supreme Court in response to petitioner’s *250 petition for habeas corpus in which he claims that the Department of Corrections erred in fixing his minimum parole date in a corrected “Notice of Legal Status.” 1 On review of the record it is determined that the department erred in computing the minimum term and minimum eligible parole date in the amended notice. Although petitioner is not entitled to his freedom, he is entitled to have the record corrected accordingly.

The facts as they appear from the petition, the return to the order to show cause filed by the Attorney General on behalf of the Director of the Department of Corrections, and the traverse thereto filed on behalf of petitioner by counsel appointed by this court, are as follows;

*251 Petitioner was received by the Department of Corrections on January 3, 1973, and on January 30, 1973, he was furnished a “Notice of Legal Status” which reflected the offenses and terms for which he had been sentenced. The minimum term was fixed at 10 years despite the aggregate minimum sentences of 19 years. In so computing, the records officer…

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