SABATASSO v. SUPERIOR COURT

No. G039906.

167 Cal.App.4th 791 (2008)

WILLIAM SABATASSO, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; MATTHEW CATE, as Secretary, etc., Real Party in Interest.

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

As modified October 22, 2008.


Attorney(s) appearing for the Case

William Sabatasso, in pro. per.; and Richard Schwartzberg, under appointment by the Court of Appeal, for Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Heather Bushman, Kathleen R. Frey and Linnea D. Piazza, Deputy Attorneys General, for Real Party in Interest.


OPINION

RYLAARSDAM, J.

Penal Code section 2713.1 (all further statutory references are to this code unless otherwise stated) provides that upon release from prison, a prisoner is to be paid $200. The question before us is whether that $200 allowance is owed to a prisoner who, upon being paroled, is not released into the community but is transferred to another law enforcement agency in California to be held for evaluation and possible trial as...

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