IN RE SIMS

Docket No. 22098.

117 Cal.App.3d 309 (1981)

172 Cal. Rptr. 608

In re JERRY SIMS on Habeas Corpus.

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

March 25, 1981.


Attorney(s) appearing for the Case

COUNSEL

Benjamin R. Winslow, under appointment by the Court of Appeal, and Winslow & Schmidt for Petitioner.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins, Richard N. Dinallo and J. Patrick Collins, Deputy Attorneys General, for Respondent.


OPINION

SCOTT, Acting P.J.

The primary issue presented in this petition is whether a state prison inmate convicted of escaping from prison without force or violence, in violation of Penal Code section 4530, subdivision (b), is required to be incarcerated for one-third of the middle term for the escape or for the full term for which he was sentenced.

Petitioner was convicted of first degree robbery in Fresno in 1974, then sentenced...

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