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Legal Opinion

In Re Sims

California Court of Appeal

Decided March 25, 1981No. Crim. 22098PublishedCited by 19 opinions

1Opinion of the Court

Opinion

SCOTT, Acting P. J.

The primary issue presented in this petition is whether a state prison inmate convicted of escaping from prison without force or violence, in violation of Penal Code section 4530, subdivision (b), is required to be incarcerated for one-third of the middle term for the escape or for the full term for which he was sentenced.

Petitioner was convicted of first degree robbery in Fresno in 1974, then sentenced to state prison for the term prescribed by law. He was subsequently paroled in 1977. While on parole, he committed two more robberies for which he was sentenced to…

2Cases cited3 opinions

  1. People v. GainesCalifornia Court of Appeal · 1980
  2. People v. HughesCalifornia Court of Appeal · 1980
  3. People v. JonesCalifornia Court of Appeal · 1980

3Cited by19 opinions

  1. People v. McCartCalifornia Supreme Court · 1982
  2. Webb v. StateCourt of Criminal Appeals of Alabama · 1988
  3. People v. JacobsCalifornia Court of Appeal · 1984
  4. People v. WhiteCalifornia Court of Appeal · 1988
  5. Joseph Michael Wasko v. Daniel Vasquez, WardenCourt of Appeals for the Ninth Circuit · 1987

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