In re Thoren

The question presented by this habeas corpus proceeding is whether, in fixing petitioner’s sentence pursuant to Penal Code section 1170.2, subdivision (b), the Community Release Board (CRB) erred in treating the sentence in case No. AO 16728 as consecutive to that in case No. A327560.

The facts are these: On October 27, 1976, petitioner was sentenced to state prison in case No. AO 16728 after entering guilty pleas to five narcotics offenses. Pursuant to a plea bargain, the court ordered the sentences on the five counts to run concurrently with each other. The most serious of the five offenses was transporting marijuana which at the time carried a penalty of five years to life. (Health & Saf. Code, § 11360, subd. (a), Stats. 1975, ch. 248.)

On January 10, 1977, petitioner pleaded guilty to one count of first degree robbery in case No. A327560 and admitted an allegation that he had used a firearm in the commission of the offense within the meaning of section 12022.5 of the Penal Code. In exchange for the guilty plea, four other pending counts were dismissed, the prosecutor agreed that the People would not write a letter to CRB in the event that that agency was *707 called…