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IN RE RICKS

Docket No. 4805.

260 Cal.App.2d 702 (1968)

67 Cal. Rptr. 394

In re JAMES RONALD RICKS on Habeas Corpus.

Court of Appeals of California, Third District.

April 1, 1968.

Attorney(s) appearing for the Case

James Ronald Ricks, in pro. per., for Petitioner.

Thomas C. Lynch, Attorney General, Edward A. Hinz, Jr., and Harold F. Bradford, Deputy Attorneys General, for Respondent.

REGAN, J.

[1] Petitioner, lawfully confined in Folsom Prison pursuant to a judgment of conviction not here in issue,1 attacks as improper the failure of the trial court to credit him with time served, by 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...

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