California Court of Appeal

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In re Lira, H036162

When a prison inmate remains incarcerated after the Governor has erroneously vetoed a decision to grant parole by the Board of Parole Hearings, the period of continued incarceration is not lawfully served, and the inmate is entitled to custody credit against his term of imprisonment, which includes the prison term and term of parole. If the inmate has been released on parole prior to a determination that the Governor's veto was erroneous, the inmate, now parolee, is entitled to have that custody credit applied to reduce the term of parole.

Appellate Information

  • Decided 06/29/2012
  • Published 06/29/2012

Judges

  • RUSHING

Court

  • California Court of Appeal

Counsel