In Re Beasley

DEVINE, P. J.

Petitioner seeks release from the state prison by means of habeas corpus. His point is that when the Adult Authority purportedly refixed his sentence at maximum (which is life imprisonment, his conviction having been for first degree robbery) on August 10, 1962, his term had expired ; wherefore, the Authority was without power to act as it did.

Petitioner was received in state prison on the robbery charge on July 17, 1949, His term was fixed at 5% years. He was paroled, but parole was revoked and return to prison was ordered on May 15, 1953. On this date, petitioner was incarcerated in the Orange County jail, because he had been convicted on April 29, 1953, of violation of Penal Code section 311 (indecent exposure). Actual return to the state prison was made on June 3, 1953. Petitioner was charged with 19 days’ “bad time,” although he was not at large but was held by order of the Adult Authority for return to prison.

On September 1, 1955, petitioner’s term was refixed at nine years. The expiration date was computed as August 5, 1958. Had not the 19 days been added to the term, he would have been entitled to release on July 16, 1958.

Petitioner was paroled again on December 5, 1955. On July 10, 1957, the Adult Authority suspended parole and ordered his return to prison upon his arrest for an assault on his wife. He was charged with eight days’ “bad time” between the suspension and his return to prison. On April 18, 1960, his term was fixed at 13 years. The period of 13 years from July 17, 1949, would end on July 16, 1962. But, by adding the 27 days’ “bad time,” the term was computed as ending on August 13,1962.

On August 10,1962, the Adult Authority purported to refix the term at life imprisonment. When it acted, the term, except if the 27 days be added, had expired. Petitioner had been on parole again, had been convicted of violating Penal Code sec

[723]

tion 647a, subdivision (1) (annoying and molesting children), and had been committed to Atascadero State Hospital as a sexual psychopath on December 1, 1961. During his stay there, his parole officer had written several reports recommending that his progress at Atascadero be determined before action were taken on his parole. But parole was revoked and term refixed on August 10,1962, a few days before what the Adult Authority conceived to be the expiration of petitioner’s term.