In re Koenig
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James Koenig petitioned the California Supreme Court for a writ of habeas corpus, returnable to the Court of Appeal. Koenig contended the Department of Corrections and Rehabilitation (Department) and the Board of Parole Hearings erred in denying his request for nonviolent offender early parole consideration under Proposition 57, The Public Safety and Rehabilitation Act of 2016. Koenig was sentenced in July 2013 to an aggregate term of 42 years eight months in prison: (1) a 12-year principal term on one count of sale by a false statement consisting of five years plus a three-year enhancement for multiple fraudulent felonies and a four-year enhancement for taking property in excess of $3.2 million; (2) 28 one-year consecutive subordinate terms on 28 counts of sale by a false statement; and (3) 2 one-year and four-month consecutive subordinate terms for two counts of first degree burglary. The court imposed and stayed under Penal Code section 654 sentences for one count of fraudulent use of a scheme, one count of conspiracy, and two counts of sale by false statement. Koenig contended was eligible for early parole consideration because he served the full term of his primary offense—as defined by Proposition 57—and also “the violent offense portion of his total sentence.” The Court of Appeal concluded Koenig was not being unconstitutionally excluded from early parole consideration because he was convicted of and sentenced for violent felony offenses, and he was serving a term for these violent felonies throughout his aggregate term. "The fact he has completed the full term for his primary, nonviolent offense within the meaning of
Proposition 57 is insufficient to render him eligible for early parole consideration." His petition for habeas relief was denied.
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