In re Carson

Gerald David Carson was convicted under the Indeterminate Sentence Law of first degree robbery, and is presently a state prison inmate under a sentence imposed for that crime. Complaining that the Community Release Board had fixed his sentence contrary to the state’s new determinate sentence law (Pen. Code, § 1170.2, subd. (a)), he petitions this court for a writ of habeas corpus.

In the perpetration of the subject robbery the record establishes that Carson was not, and an accomplice was, personally armed with a deadly or dangerous weapon. It is also observed that the judgment of conviction under which he is presently serving a sentence recites: “prior felony conviction . . . charged and proved or admitted . . . Mar. 29, 1961 Superior Court County of Sacramento Robbery First Degree Vio. Sec 211 P.C. State Prison [¿v'c].”

*126 Under the above-noted statute (Pen. Code, § 1170.2, subd. (a)) the board had enhanced Carson’s sentence by one year for “being armed with a deadly or dangerous weapon,” and one year because of a prior felony (first degree robbery) conviction for which he served a prison term.

We consider first Carson’s contention that the enhancement for “being…