Fleischer v. Adult Authority

SCHOTTKY, J. This is an appeal from an order of the superior court denying appellant’s petition for a writ of prohibition.

Appellant while an inmate at Folsom State Prison filed a petition for a writ of prohibition seeking a court hearing to review the actions taken by the Adult Authority.

Appellant designated six causes of action in his petition: (1) that the Adult Authority functions in an unconstitutional manner in that it solicits secret indictments and informations and tries defendants without their knowledge; (2) that the Legislature has unconstitutionally taken the fixing of sentences from the courts and delegated it to the Adult Authority; (3) that on June 14, 1960, while appellant was on parole, the Adult Authority wrongfully and unconstitutionally increased his sentence from five years to six years, and on September 30, 1960, revoked appellant’s parole and remanded him to prison on a void commitment; (4) that on January 18, 1961, [46]the Adult Authority wrongfully and unconstitutionally and without a new offense having been committed raised appellant’s sentence; (5) that the Adult Authority wrongfully and unconstitutionally refused to grant appellant a rehearing; and (6) that the Adult Authority unconstitutionally renumbered his term after appellant was remanded to prison after the revocation of his parole.

The superior court denied the petition without a hearing or opinion.

Appellant makes the following contentions:

1. “It was constitutional error for the Adult Authority to determine facts without the presence of the defendant or counsel.

2. “It was constitutional error for an administrative board to raise a fixed sentence after it had been served or partly served.

3. “It was error for the Adult Authority not to proceed in the manner provided by law.

4. “It was constitutional error for the trial court to sentence the defendant to prison on said misdemeanor.

5. “It was constitutional error for the trial court to sentence one to prison without the finality of a judgment.”

There is no merit in anv of appellant’s contentions.

Our appellate courts have held that the statutes dealing with the indeterminate sentence law (Pen. Code, §§ 1168, 3020, 3021) do not infringe or violate the requirements of due process or equal protection. (See In re Larsen, 44 Cal.2d 642, 648 [283 P.2d 1043], appeal dismissed, 350 U.S. 928 [76 S.Ct. 312, 100 L.Ed. 811] ; In re Lee, 177 Cal. 690, 692 [171 P. 958] ; People v. Kostal, 159 Cal.App.2d 444, 451-453 [323 P.2d 1020]; People v. Leiva, 134 Cal.App.2d 100, 103 [285 P.2d 46].)