IN RE: Gaye Ruthe STEWART on Habeas Corpus.

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Court of Appeal, First District, Division 4, California.

IN RE: Gaye Ruthe STEWART on Habeas Corpus.


Decided: June 29, 1983

Donald G. Postelle, Fulton & Taylor, San Jose, for petitioner. John K. Van De Kamp, Atty. Gen., Ann K. Jensen, Linda Ludlow, Deputy Attys. Gen., San Francisco, for respondent.

On November 19, 1982, Gaye Ruthe Stewart pleaded guilty to possession of cocaine for sale.  (Health & Saf. Code, § 11352.)   The court suspended imposition of sentence and placed her on probation for three years on condition, among others, she serve four months in the county jail with credit for one day served.   The court stayed service of the jail time until January 6, 1983.

On March 7, 1983, Ms. Stewart filed a petition for a writ of habeas corpus in the California Supreme Court.   She sought worktime credit equal to that earned by state prisoners under Penal Code section 2933.   The Supreme Court ordered the Sheriff of Santa Clara County to show cause before this court why the relief should not be granted.

The issue is whether a felon who is granted probation and ordered to serve time in the county jail as a condition of probation, is entitled, under equal protection of the law principles, to the maximum (50%) worktime credit that a felon in state prison can earn in a full-time work program.   For the reasons stated in In re Branson, et al., on Habeas Corpus (1983) 145 Cal.App.3d 911, 192 Cal.Rptr. 683), we conclude that the petitioner is not entitled to the relief sought.

The petition for a writ of habeas corpus is denied.