In re Johnson

Respondent William M. Johnson was under sentences to state prison when the Uniform Determinate Sentencing Act of 1976 (Pen. Code, § 1170 et seq.) became effective on July 1, 1977. 1 Appellant Community Release Board 2 recalculated his prison term pursuant to subdivision (a) of section 1170.2, but extended it for cause, after conducting a so-called “serious offender hearing” pursuant to subdivision (b) of the same statute. 3 Respondent petitioned the superior court for a *782 writ of habeas corpus, contending that the Board’s action extending his term was invalid because the serious offender hearing was not conducted within 120 days of his “receipt” by the Department of Corrections as provided in subdivision (b) of section 1170.2. (See fn. 3, ante.) The court entered a judgment granting his petition and requiring his discharge from prison. The Board appeals from this judgment. We affirm it.

Facts

The record supports the following factual recitals:

Respondent was convicted of various felonies in two separate superior courts during 1977. He was consequently sentenced to state prison in April and June of that year. Due to protracted appeals and other proceedings, he was…