In Re Williamson

EDMONDS, J.

Alexander Williamson, an inmate of the Sonoma County jail, by this proceeding in habeas corpus seeks his release from confinement. As ground for relief, he charges that the term of imprisonment specified in the order placing him on probation is for a period in excess of that authorized by law.

Petitioner and four other persons were indicted on three counts of grand theft and one count of “conspiracy to commit the crime of contracting without a license in violation of Section 7028 of the Business and Professions Code

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. . . committed as follows: In that ... in violation of Subdivision (1) of Section 182 of the Penal Code of the State of California, did wilfully, unlawfully, feloniously and knowingly conspire, combine and agree together and with each other, to engage in the business or act in the capacity of a eon-

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tractor within this State without having a license therefor.” Williamson pleaded guilty to the charge of conspiracy. The other counts against him were dismissed.

Following Williamson’s application for probation, it was ordered that “imposition of judgment herein be suspended for a period of three (3) years, or until further order of this Court, and the defendant be released upon probation under the expressed conditions herein stated:....” As conditions of probation Williamson must make restitution of his pro rata share of the money received from roofing jobs performed by the defendants, post a bond “for the successful completion of probation,” pay a fine of $300, and be confined in the Sonoma County jail for a period of eight months.

Williamson contends that, by section 7030 of the Business and Professions Code,

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the crime to which he pleaded guilty expressly is made a misdemeanor. According to section 19 of the Penal Code, his argument continues, his punishment cannot exceed imprisonment for six months and a fine of $500..

Section 183 of the Penal Code provides that no conspiracies, other than those enumerated in the previous section, are punishable criminally. Section 182 makes it unlawful for two or more persons to conspire “to commit any crime” or to do any one of a number of specified acts, and includes penalties for the various violations. Those who conspire to commit a felony, with certain specific exceptions, are punishable in the same manner and to the same extent as is provided for the punishment of the felony. When they conspire to do any of the other acts described in that section they are punishable “by imprisonment in the county jail for not more than one year or in the State prison for not more than three years, or by a fine not exceeding five thousand dollars ($5000) or both.” A further provision is that “[a] 11 eases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect such conspiracy shall be done.”