In Re Handsome

Opinion

KAUS, P. J.

Each petitioner in these consolidated matters pleaded guilty to a felony pursuant to a plea bargain and was placed on probation on condition that he serve a year in county jail. Each thereafter filed a request seeking credit for presentencing jailtime. We treated these requests, however captioned, as petitions for writs of habeas corpus, requested responses from the Attorney General, received additional briefing from the state public defender and consolidated them for hearing.

We conclude that relief must be denied because petitioners, who attack arguably improper plea bargains, do not ask, as a condition of relief, that the bargains be rescinded.

Facts

1) Roosevelt Webb (A-328461, 2 Crim. Ext. 77-238), charged with assault to commit robbery, with two prior convictions alleged, pleaded guilty to that charge, but no finding was made with respect to the prior convictions. On January 5, 1977, Webb was sentenced to prison; imposition of sentence was suspended and he was placed on five years’ probation on condition that he serve one year in county jail, with no “parole and no credit for time previously served in custody awaiting this trial.” Webb was in custody from July 12, 1976, to Januaiy 5, 1977.

2) Clarence Raymond Beebe (A-330718; 2 Crim. Ext. 77-131), charged with robbery, with seven prior convictions alleged, pleaded guilty to second degree robbery. On January 5, 1977, Beebe was sentenced to prison; imposition of sentence was stayed and he was placed on three years’ probation on condition that he spend one year in jail with “no credit to be given for time served,” and no eligibility for county parole.

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Beebe was in custody from October 17, 1976, to January 5, 1977.

[660]

3) Herman Lee Handsome (A-187752; 2 Crim. Ext. 77-109), charged with robbery and using a firearm, pleaded guilty to second degree robbery on June 10, 1975. On November 9, 1976, imposition of sentence was suspended and Handsome was placed on three years’ probation on condition that he serve a year in jail. Under the terms of his probation, he was entitled to good time and work credits but not parole. No mention was made about credit for time served. Handsome had been in custody from January 11, 1975, to April 3, 1975, and then, having been released on bail and having failed to appear in court, from October 20, 1976, to November 9, 1976.