In Re Borgfeldt

ADAMS, P. J.

The petition for writ of habeas corpus filed in this proceeding alleges that petitioner was received at San Quentin Prison on August 11,1942, after having been convicted of a

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violation of section 503 of the Vehicle Code; that on August 18, 1943, his term of imprisonment was fixed at the maximum term of five years, with parole granted the last fifteen months; that he was granted credits amounting to 151 days, and released on parole August 11, 1944, with his discharge date fixed as of October 12, 1945; that prior to the expiration of such term and while on parole he was convicted of a violation of section 502 of the Vehicle Code; that a portion of the sentence imposed upon that conviction was suspended and he was taken to the State Prison at Folsom on August 3, 1945; that his parole had been suspended on July 13, 1945; that adding the twenty days elapsing between that date and the date of his return to his original discharge date, his term of imprisonment with benefit of credits granted expired not later than October 31, 1945; that no order of forfeiture of his credits earned was made until after his term, as originally fixed, had expired, and that he was therefore entitled to his discharge.

The writ prayed for having issued, an answer and return thereto was filed by the warden, and hearing was had before this court. From the record now before us it appears that before his parole was granted, and as a condition thereof, petitioner agreed, among other things, to refrain from violating any of the penal laws of the state, and it was specifically provided and agreed that should he violate his parole in any way all of his credits earned might be forfeited, his parole suspended or revoked, and his term of imprisonment increased by the Adult Authority. On July 12, 1945, it was recommended to the Adult Authority by the Chief State Parole Officer that petitioner’s parole be suspended because Of stated violations thereof, including his conviction of violation of section 502 of the Vehicle Code on July 11, 1945. On July 13, 1945, the Adult Authority suspended the parole, ordered petitioner’s return to the warden at Folsom, and further ordered that, in accordance with a resolution adopted by the Board of Prison Terms and Paroles and readopted by the Adult Authority on Hay 1, 1944, the prisoners listed in the order (including Borgfeldt) who had terms set at less than the maximum should be considered as serving the maximum until the further order of the Authority.