Aguilera v. California Dept. of Corrections

This appeal presents questions of the extent to which a parole violator’s time in county jail may be added to his maximum prison term. While difficult, the issue is hardly pressing in this case. Aguilera entered prison December 20, 1958, under concurrent sentences for a term of 1-25 years. Thus the Adult Authority now can hold him at least until late 1983. Only at that distant date can the 55 days here in issue affect either Aguilera or the authority. But the state chose to raise the issue now, and we must determine the appeal.

On August 1, 1962, after Aguilera had spent some 17 months on…