219 P. 71 | Cal. | 1923
The petitioner was sentenced for the crime of burglary in the second degree and for receiving stolen property of the value of over seven thousand dollars. Sentence was imposed June 3, 1920, to the effect that the petitioner be imprisoned for the term provided by law for each offense, the sentences to run concurrently. He alleges that the state board of prison directors fixed the term of his imprisonment at five years for each offense, the sentences to *166 run consecutively. He claims that the state board had no jurisdiction to make the sentences run "consecutively," and that therefore the entire term of his imprisonment should be five years, and that the term of five years has been reduced by credits allowed by law as "Regular Good Conduct Prison Credits" of one year five months, and a further credit of 147 days for work done by him on the highways of the state.
[1] The effect of the judgment by the court was that the petitioner was sentenced for the maximum term fixed by law for each offense; that is to say, for five years for each offense (Pen. Code, secs.
[3] The petitioner, however, is not entitled as of right to the statutory credits fixed by section 1588 of the Penal Code, whatever may be the practice of the state board of prison directors in allowing such credits. It was for this reason that we held section
Inasmuch as the petitioner is not entitled, as of right, to the credit of one year and five months claimed by him, his petition must be denied.
Writ denied.
Richards, J., pro tem., Waste, J., Myers, J., Kerrigan, J., Lawlor, J., and Seawell, J., concurred. *167