In re Secada

Albert F. Secada petitions this court for a writ of habeas corpus to relieve him from what he contends is an erroneous computation of his minimum parole eligibility date.

Secada was convicted of four narcotic offense counts: Counts (1) selling marijuana (Health & Saf. Code, § 11360); (2) selling controlled substances (Health & Saf. Code, § 11352); (3) possessing controlled substances for sale (Health & Saf. Code, § 11351); and (4) possessing marijuana (Health & Saf. Code, § 11357). Count 1 was ordered to run consecutively to count 2. Counts 3 and 4 were ordered to run concurrently with each other but consecutively to count 2.

*41 On appeal Secada successfully contended his sentence to three consecutive terms violated the provisions of Penal Code section 3024, subdivision (d), which reads:

This court ordered Secada’s sentence amended to add: “The entire sentence hereby imposed shall carry a minimum term of 10 years pursuant to Penal Code section 3024(d).” In all other respects Secada’s judgment was affirmed (People v. Rufino and Secada (April 29, 1975) 4 Crim. 6676, not certified for publication).

It is thus law of the case (as well as correct law) that Secada’s term…