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IN RE NESPER

Docket No. A046200.

217 Cal.App.3d 872 (1990)

266 Cal. Rptr. 113

In re KENNETH NESPER on Habeas Corpus.

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

January 31, 1990.

Attorney(s) appearing for the Case

COUNSEL

Robert V. Vallandigham, Jr., for Petitioner.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Paul D. Gifford, Karl S. Mayer and Susan J. King, Deputy Attorneys General, for Respondent.

OPINION

PERLEY, J.

Petitioner claims that he was discharged from parole by operation of law pursuant to Penal Code1 section 3001, subdivision (a), when the Board of Prison Terms (BPT) failed to act to retain him on parole. During the relevant time period, section 3001, subdivision (a), provided: "Notwithstanding any other provision of law, when any person referred to

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