In re Coleman
Annotate this CasePetitioner pled guilty to second degree murder in 1990 and received an indeterminate sentence of 15 years to life in prison. In 2000, while in prison, petitioner was convicted of conspiring to bring a controlled substance into prison. He received a six-year term to be served consecutive to his indeterminate term. In 2012, after petitioner had served 22 years in prison, the Board found him suitable for parole. The parole grant became effective on March 3, 2013 after the Governor took no action to reverse it. TheDepartment of Corrections and Rehabilitation (CDCR) calculated petitioner’s earliest possible prison release date as December 21, 2017, starting from March, 2013 and subtracting projected credits. Petitioner filed a habeas corpus petition, arguing that the consecutive sentence imposed on his custodial offense should have commenced on the date he completed the 18 year base term on the 1990 murder conviction. The superior court granted the petition and directed that petitioner be released from prison. The court of appeal reversed the trial court’s decision as “contrary to the plain language of” Penal Code 1170.1(c), which provides that such a consecutive sentence “shall commence from the time the person would otherwise have been released from prison.”
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