Bennett v. Procunier

This appeal tests the question whether the time spent by a defendant in a diagnostic facility of the Department of Corrections prior to judgment must he credited to the defendant on his sentence. Frank Hale Bennett petitioned the Superior Court of Kern County for a writ of mandate ordering the prison officials to give credit on the sentence of the defendant for the 90 days spent by him pursuant to court order in the diagnostic facility at Chino State Prison from January 6, 1965, through April 6, 1965. He had been convicted of a felony in the Superior Court of Riverside County. Before…