People v. Silverstein

WHITE, J.

Alleging that he is illegally confined and of his liberty by the sheriff of Los Angeles County, petitioner (hereinafter referred to as respondent), through an application for a writ of habeas corpus filed in the Superior Court of Los Angeles County, seeks to secure his release and discharge. After hearing, the superior court granted the writ of habeas corpus and ordered the respondent discharged from custody. From such order the People prosecute this appeal.

The facts set forth in the petition for the writ are not controverted, and in brief are as follows: On December 18, 1940, the Board of Prison Terms and Paroles of the State of California released respondent from San Quentin prison on parole to the United States authorities, said state parole term to expire on June 18, 1942. Pursuant to such release, respondent was by the said authorities taken before the United States District Court in the State of Louisiana, where, on January 17, 1941, he was sentenced to serve a year and a day in the federal penitentiary at Atlanta. On November 6,1941, respondent was paroled from the federal penitentiary, to remain upon such parole until January 17, 1942. On January 15, 1942, two days before the expiration of his federal parole, the Board of Prison Terms and Paroles of the State of California caused respondent to be arrested and confined in the county jail for an alleged violation of the rules of the state Board of Prison Terms and Paroles, which violations occurred while respondent was under federal as well as state parole.

The sheriff's return to the writ of habeas corpus shows that respondent was delivered into custody by a state parole officer on a charge of violation of parole. The return further alleged that while respondent was on parole he violated the terms thereof in the manner and form as charged in the order of the Board of Prison Terms and Paroles revoking his parole and ordering his return to the state prison. The reasons advanced by the state Board of Prison Terms and Paroles for the revocation of respondent’s parole and upon which the order for his arrest and return to prison was predicated are:

“1. That the respondent left Kern County on January 6, 1942, and came to Los Angeles County without the permission of his supervising officer.

“2. On January 15, 1942, he operated a motor vehicle in the City of Los Angeles in violation of Rule 2 of his Ticket of Leave.

[727]