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IN RE GRAY

Docket No. 18071.

85 Cal.App.3d 255 (1978)

149 Cal. Rptr. 416

In re CARL LEE GRAY on Habeas Corpus.

Court of Appeals of California, First District, Division Four.

October 2, 1978.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, John T. Murphy and Kenneth C. Young, Deputy Attorneys General, for Appellant.

Frank W. Dice, Public Defender, Miguel A. Hernandez, Deputy Public Defender, Quin Denvir, State Public Defender, Clifton R. Jeffers, Chief Assistant State Public Defender, Philip A. Schnayerson and Mark Fogelman, Deputy State Public Defenders, for Respondent.

OPINION

CALDECOTT, P.J.

The question presented on this appeal is whether the Community Release Board may, pursuant to Penal Code section 1170.2, subdivision (b), impose additional penalty for multiple offenses when the trial court, pursuant to the Indeterminate Sentence Law, had ordered the sentences to be served concurrently. We hold that the board may impose the additional penalty.

In April 1975, petitioner Carl Lee Gray...

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