In Re Park

Opinion

FRIEDMAN, J.

Petitioner filed a petition for habeas corpus in the state Supreme Court. That court issued an order returnable before this court, directing the People to show cause “why petitioner’s now expired term for violation of Penal Code section 459 . . . should not be redetermined pursuant to In re Rodriguez, 14 Cal.3d 639 [122 Cal.Rptr. 552, 537 P.2d 384], and the commencement date of the consecutive term for violation of Penal Code section 245 ... established in conformity therewith.”

In October 1960, petitioner was convicted of second degree burglary, an offense carrying an…