In Re Ricks

REGAN, J.—

Petitioner, lawfully confined in Folsom Prison pursuant to a judgment of conviction not here in issue,*

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attacks as improper the failure of the trial court to credit him with time served, hy reason of an invalid commitment, as required by Penal Code, section 2900.1, which provides: “Where a defendant has served any portion of his sentence under commitment based upon a judgment which judgment is subsequently declared invalid or which is modified during the term of imprisonment, such time shall be

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credited upon any subsequent sentence he may receive upon a new commitment for the same criminal act or acts. ”

On November 21, 1961, an information was filed in the Superior Court of Los Angeles County accusing petitioner of possession of heroin (Health & Saf. Code, § 11500) on October 12, 1961, and charging a prior misdemeanor conviction for violation of the same section. Petitioner was convicted of the crime charged and on January 17, 1962, sentenced to state prison for the term prescribed,

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the sentence in this case (#250655) to be served concurrently with the sentence resulting from the 1957 proceedings (#191886). Petitioner began serving this sentence on January 30, 1962. He was released on parole June 7, 1965, and returned as a parole violator on November 23,1966.

The 1962 conviction (#250655) was affirmed by the Court of Appeal for the Second Appellate District on October 13, 1965

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(hg. den.). A petition for certiorari was granted by the United States Supreme Court and, on March 13, 1967, the judgment was vacated and the ease remanded to the Court of Appeal for reconsideration in light of

Chapman

v.

California,

386 U.S. 18 [17 L.Ed.2d 705], The conviction was reversed by the Court of Appeal for the Second Appellate District on June 19,1967.

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