People v. Reece

Opinion

KAUS, P. J.

In a petition for writ of habeas corpus (2d Crim. 28581) and in a purported appeal from the trial court’s denial of a petition for writ of error

coram nobis

(2d Crim. 27972), defendant Ronald Lee Reece asserts that punishment imposed by the trial court was cruel and unusual. We deny the petition for a writ of habeas corpus and dismiss the appeal in the

comm nobis

proceeding.

Facts

In May 1971, defendant was sentenced to prison for issuing checks without sufficient funds in case number A547941.

1

In June 1971, in case number A263707, defendant, having been found guilty of nine counts of issuing checks without sufficient funds (Pen. Code, § 476a) was sen

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tenced to three consecutive prison sentences on grouped counts.

2

The three consecutive sentences were to run consecutively to the sentence imposed in case number 547941.

Defendant was denied parole in 1973 and again in 1974. In 1975, a parole date of Januaiy 15, 1978 was set, and defendant’s total term was set in both cases A547941 and A263707, resulting in a final release date of June 15, 2024.

In October 1975, in case number A263707, defendant filed a petition for writ of error

coram nobis

in the trial court. It was denied. He then appealed. The People have moved to dismiss the appeal. (2d Crim. No. 27972.) In May 1976, defendant filed a petition for a writ of habeas corpus with this court. (2d Crim. No. 28581.)

Defendant’s grievance in both proceedings is the same: The imposition of four