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WAY v. SUPERIOR COURT

Docket Nos. 16970, 16971.

74 Cal.App.3d 165 (1977)

141 Cal. Rptr. 383

HOWARD WAY, as Chairman, etc., et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; RAYMOND L. HOOBLER, Real Party in Interest. HOWARD WAY, as Chairman, etc., et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; ROSS G. THARP, as Judge, etc., et al., Real Parties in Interest.

Court of Appeals of California, Third District.

October 19, 1977.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye and Daniel J. Kremer, Assistant Attorneys General, Roger E. Venturi, Ramon de la Guardia, Karl J. Phaler, Gregory W. Baugher and Michael D. Wellington, Deputy Attorneys General, for Petitioners.

Paul Halvonik, State Public Defender, and Gary S. Goodpaster, Chief Assistant State Public Defender, as Amici Curiae on behalf of Petitioners.

No appearance for Respondents.

William A. Smith, District Attorney, Jerome M. Behrens, Deputy District Attorney, Gene L. Tunney, District Attorney, Kendall M. Squires, Rose, Rockwell & Jennings, D. Frederick Jay, Donald L. Clark, County Counsel, and William D. Smith, Deputy County Counsel, for Real Parties in Interest.

OPINION

PARAS, J.

Effective July 1, 1977, California repealed its 60-year-old Indeterminate Sentence Law (ISL). On that date, the Uniform Determinate Sentencing Act of 19761 (the Act) became operative, having been signed by the Governor on September 21, 1976.2

In contrast to the ISL, which was designed "to mitigate the...

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