IN RE SKIEF

Docket No. 22450.

120 Cal.App.3d 1040 (1981)

175 Cal. Rptr. 206

In re JAMES ELDRIDGE SKIEF on Habeas Corpus.

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

May 27, 1981.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, and Michael S. McCormick, Deputy State Public Defender, for Petitioner.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William D. Stein and J. Patrick Collins, Deputy Attorneys General, for Respondents.


OPINION

WHITE, P.J.

This petition raises the question of whether the Board of Prison Terms (hereafter the Board) lost jurisdiction to conduct a "serious offender" hearing (Pen. Code, § 1170.2, subd. (b)) when it failed to do so within 120 days of petitioner's initial receipt by the Department of Corrections or within 120 days after the decision in People v. Harvey

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