In Re Skief

Opinion

WHITE, P. J.

This petition raises the question of whether the Board of Prison Terms (hereafter the Board) lost jurisdiction to conduct a “serious offender” hearing (Pen. Code, § 1170.2, subd. (b)) when it failed to do so within 120 days of petitioner’s initial receipt by the Department of Corrections or within 120 days after the decision in People v. Harvey (1979) 25 Cal.3d 754 [159 Cal.Rptr. 696, 602 P.2d 396]. We rely principally upon the decision in In re Schaefer (1981) 116 Cal.App.3d 588 [172 Cal.Rptr. 335] (hg. den. Apr. 29, 1981), in concluding that jurisdiction was not lost. We…