In Re Chambliss

Opinion

GRODIN, J.

If a criminal defendant is sentenced to prison as a result of a plea bargain, and the trial court fails to inform him of the possibility of parole upon release, as required by Penal Code section 1170, subdivision (c),

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is the defendant entitled to release without parole? Such is the contention of petitioner Chambliss, whose petition for habeas corpus we consider. We find, contrary to petitioner’s contention, that whatever remedies may exist for a coilrt’s failure to comply with the advisory requirements of section 1170, subdivision (c), parole-free release is not among them.

On July 18, 1979, in the context of a negotiated plea, Chambliss pled guilty to grand theft (Pen. Code, § 487) and was released on probation for a period of three years on the conditions, among others, that he serve the first twelve months in county jail, obey all laws of the community and be of good conduct. He was informed that if he was found to be in violation of probation he could be sentenced to state prison for three years.

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On March 19, 1980, the probation department filed a petition and probation report concerning revocation of probation. The report alleged that since release from county jail, petitioner had been arrested on a variety of charges not relevant here.

On May 16, 1980, petitioner appeared with counsel before the same court that had sentenced him previously. He waived his right to a hearing, and admitted the probation violation in exchange for the imposition of the two-year middle term on the grand theft charge and dismissal of the other pending charges. The court revoked probation and sentenced petitioner accordingly, with credit for time already served.

In August 1980, with approximately one month left on his state prison term, petitioner filed his petition for writ of habeas corpus alleging that he had “recently become aware that the California Department of Corrections ha[d] imposed a three (3) year period of parole at the termination of [his] imprisonment,” that he was not informed by the court at the time of sentence that his release might be subject to parole, and that had he been so informed “it would have had a definite effect upon the plea I entered.” The petition was first filed with the Monterey County Superior Court,