IN RE MESSERSCHMIDT

Docket No. 12147.

104 Cal.App.3d 514 (1980)

163 Cal. Rptr. 580

In re JAMES MESSERSCHMIDT on Habeas Corpus.

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

April 11, 1980.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, and Richard Lennon, Deputy State Public Defender, for Petitioner.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Alan S. Meth and Michael D. Wellington, Deputy Attorneys General, for Respondent.


OPINION

GARDNER, P.J.

(1) Petitioner, a prison inmate, was ordered released by mistake. Just how this occurred is academic. While he knew a mistake had been made, he did not cause it and was without fault. He remained at large 203 days before being returned to prison. He now wants credit for that 203 days against his remaining sentence. The Department of Corrections has declined to give him that credit. Petitioner filed...

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