In re Coronado

*790 Opinion

As a result of an incident which occurred on October 14, 1976, petitioner pleaded guilty to one count of voluntary manslaughter (Pen. Code, § 192, subd. I) 1 and was sentenced for the term prescribed by law for that offense under the then existent Indeterminate Sentence Law (ISL). Though it is conceded that petitioner, used a deadly weapon, a knife, in the commission of the offense, the court did not enhance petitioner’s sentence for that use.

On March 29, 1977, while serving his term of imprisonment, petitioner was found guilty of possessing a crude prison-made knife by a prison disciplinary committee and was given prison discipline for that offense. He was not prosecuted on the charge.

Following the passage of the determinate sentence law (DSL) (§ 1170 et seq., eff. July 1, 1977), the Community Release Board (CRB), pursuant to the retroactive provisions of that law, ordered a serious offender hearing under the provisions of section 1170.2, subdivision (b). The CRB recalculated petitioner’s sentence at 4lA years, consisting of 36 months (middle term), base term for manslaughter (§193), 12 months for use of a deadly weapon in commission of the offense, and 6 months…