(Download) "Mathis v. Appellate Department of Superior Court of Sacramento County" by Third Appellate District Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Mathis v. Appellate Department of Superior Court of Sacramento County
- Author : Third Appellate District Court of Appeal of California
- Release Date : January 14, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
On June 25, 1971, petitioner was convicted of violating Health and Safety Code section 11531 (marijuana sale) and sentenced to prison for the term prescribed by law. He had been arrested on April 29, 1971, and entered a plea of guilty on June 9. On June 29, he was received by the Department of Corrections (hereinafter "Corrections"). His petition for habeas corpus alleges that he was confined in the county jail of Santa Clara County during the 62 days between his arrest and delivery to Corrections because, by reason of indigency, he was unable to post the $6,250 bail ordered. The conviction carries a minimum term of three years before eligibility for parole. Under Penal Code section 2900, the term commences upon actual delivery of defendant into the custody of Corrections. Section 2900.5, added to said Code by Statutes of 1971, chapter 1732, section 2, and effective March 4, 1972, provides that pretrial or probationary jail time shall be credited to a minimum prison term but expressly excepts prisoners delivered to Corrections prior to its effective date. Petitioners delivery to Corrections was prior to the effective date of said statute.
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