In Re Gullatt

BURKE, J.

Clyde R. Gullatt, a San Quentin inmate, filed the instant habeas corpus petition, contending, among other things, that he was improperly denied credit on his California terms for the time he served in federal prison.

On February 21, 1957, Gullatt began serving concurrent California prison sentences for possession of marijuana (maximum term 10 years; former § 11712 of Health & Saf. Code, as amended Stats. 1953, ch. 1770, p. 3526, §6), possession of marijuana with a prior conviction of that offense (maximum term 20 years; former § 11712 of Health & Saf. Code, as amended Stats. 1953, ch. 1770, p. 3526, § 6), and two counts of sale of marijuana (maximum term life; former § 11713 of Health & Saf. Code, as amended Stats. 1st Ex. Sess. 1954, ch. 12, p. 259, §1). In 1960 the Adult Authority fixed.his term on each count at 10 years and released him on parole.

On February 3, 1961, the Adult Authority suspended his parole, refixed his terms at the maximum, and ordered his return to prison. The month before he had pleaded guilty in a federal court to armed bank robbery (perpetrated while on parole), and thereafter, on February 15, 1961, the federal court committed him £o the <3U§tpdy of the

A,fáorney

General.

[397]

The judgment contains no recommendation or direction concerning the sentence running consecutively or concurrently with the prior state sentences. Gullatt was in a county jail in California from February 3, until February 21, 1961, and on the latter date was received at the federal prison at McNeil Island, Washington, under the federal sentence. In August 1961 his California parole was cancelled, and a state detainer was lodged with the federal prison.

On September 2, 1966, the federal authorities returned him to the California authorities, and he was held in county jails in this state from September 2 until his return to state prison on September 26, 1966. During this period, the federal court, on the basis of a petition which reflected a technical error in sentencing, vacated his guilty plea and set aside the sentence; he again pleaded guilty and the federal court, as a result of his good record at McNeil Island, granted him probation. In November 1966 he pleaded guilty to state parole violation charges and his parole was revoked.