In Re Riddle

REGAN, J.

Petitioner is a prisoner at Folsom State Prison. He seeks a writ of habeas corpus to secure his delivery

[708]

to the prison authorities of the State of Oklahoma, there to complete a partially served Oklahoma prison sentence.

Petitioner’s confinement at Folsom is pursuant to a valid judgment of commitment by the El Dorado County Superior Court for the crime of attempted armed robbery. The judgment of commitment provides that petitioner’s sentence shall be served concurrently with any prior incompleted sentence. Petitioner raises no questions as to the validity of the El Dorado County judgment of commitment. He contends that the respondent warden of Folsom Prison is not the person authorized by law to imprison or have custody of him. He claims that at the time of his California sentence he was and still is wanted as a fugitive by the Oklahoma state parole authorities for violation of a “life term parole.” Oklahoma considers petitioner a “parole violator whose parole has been revoked” and seeks his return there to continue service on a life sentence at such time as he is made available by California.

Bespondent concedes that' petitioner is entitled to be made available for delivery to Oklahoma for the purpose of providing him the benefit of the concurrent running of his sentences in California and Oklahoma. However, respondent contends he lacks jurisdiction to administratively transfer petitioner without an order of a court directing him to do so.

“Under the so-called

‘StoliJcer

rule’ established by California case law

[In re StoliJcer,

49 Cal.2d 75, 78 (315 P.2d 12)], a California prisoner is entitled to be made available for delivery to the prison authorities of another jurisdiction, if his California commitment expressly decrees that the California sentence shall run concurrently with an unexpired sentence in the other jurisdiction.”

(In re Portwood,

236 Cal.App.2d 321, 323 [45 Cal.Rptr. 862].) This rule also applies where the sentencing judge has knowledge of the unexpired sentence in the other jurisdiction.