In Re Schaefer

Opinion

TAMURA, J.

Defendant, an inmate of California Institution for Men, Chino, California, filed a petition for a writ of habeas corpus on the ground that he was being held in prison beyond his legal release date. He contended that he had not received proper credit for presentence time pursuant to Penal Code section 2900.5, 1 that his calculated determinate sentencing law (DSL) term violated the rule of People v. Harvey (1979) 25 Cal.3d 754, [159 Cal.Rptr. 696, 602 P.2d 396], and that he was improperly subjected to two extended term hearings under section 1170.2, subdivision (b). We issued…