In Re LeDay

Opinion

HANING, J.

Petitioner Maurice LeDay seeks a writ of habeas corpus, contending that the extension of his recommitment to prison as a parole violator pursuant to Penal Code section 3057, subdivision (c), was an invalid ex post facto punishment.

Until January 1, 1984, subdivision (a) of section 3057 provided without additional qualification that “[c]onfinement pursuant to a revocation of parole in the absence of a new conviction and commitment to prison under other provisions of law, shall not exceed twelve months.” Effective on that date subdivision (c) was added to section 3057, and subdivision (a) was amended to add the words “except as provided in subdivision (c).” (Stats.

[463]

1983, ch. 757, § 2.) Subdivision (c) provides, in pertinent part: “Notwithstanding the limitation of subdivision (a) upon confinement pursuant to a parole revocation, the board may extend the confinement pursuant to parole revocation for a maximum of an additional 12 months for subsequent acts of misconduct committed by the parolee while confined pursuant to that parole revocation.”

Maurice LeDay was sentenced to prison in October 1981, released on parole in April 1983, and recommitted to prison in July 1983 for parole violation with a release date of June 17, 1984. In April 1984 LeDay’s release date was postponed to August 1984 upon a finding that he had committed an act of misconduct in February 1984. He filed a petition for habeas corpus in the Supreme Court, contending that as applied to him subdivision (c) is an unconstitutional ex post facto law. The Supreme Court issued an order to show cause returnable here. LeDay was released from prison in July, while this petition was pending. Because we regarded the ex post facto issue as one of broad public interest that is likely to recur in other contexts, we proceeded to the merits notwithstanding the apparent mootness of LeDay’s application.

(In re. William M.

(1970) 3 Cal.3d 16, 23-25 [89 Cal.Rptr. 33, 473 P.2d 737].)

We concluded that as applied to a parolee whose initial imprisonment was based on a crime committed before the effective date of subdivision (c) of Penal Code section 3057 (which authorizes extensions of parole violators’ recommitment terms for new misconduct), subdivision (c) was an unconstitutional ex post facto provision. Following our decision the Supreme Court granted a hearing and remanded the matter to us for reconsideration in light of