California Court of Appeal

In a prosecution for possessing a counterfeiting device, the denial of Petitioner's habeas petition is affirmed, where Petitioner's sentence was proper because the question of whether a parolee has remained free of prison custody depends on whether he has either remained on parole without revocation, or been discharged from custody, preceding the required continuous five year period.

Appellate Information

• Decided 08/18/2009
• Published 08/18/2009

Judges

• McGUINESS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• First District Appellate Project, Matthew Zwerling, Executive Director and J. Bradley O'Connell, Assistant Director, for Petitioner.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald Engler, Senior Assistant Attorney General, Laurence K. Sullivan and Rene A. Chacon, Supervising Deputy Attorneys General, for Respondent.