IN RE ACKER

Docket No. 17492.

158 Cal.App.3d 888 (1984)

205 Cal. Rptr. 82

In re GORDON ELLIOTT ACKER on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Three.

July 30, 1984.


Attorney(s) appearing for the Case

COUNSEL

Robert M. Moss for Petitioner.

John K. Van de Kamp, Attorney General, and Robert B. Shaw, Deputy Attorney General, for Respondent.


OPINION

CROSBY, J.

Does a prison sentence recalled pursuant to Penal Code section 1170, subdivision (d) constitute a "prior separate prison term" which may be used to enhance a new offense under section 667.5?1 We hold it does not.

I

In 1978 Gordon Acker was convicted of burglary (§ 459); the sentence was suspended, and he was placed on five years' probation. He violated the terms...

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