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In re Taylor

Court of Appeal of California, Second District, Division Two
Jul 23, 1934
140 Cal.App. 102 (Cal. Ct. App. 1934)

Opinion

Docket No. 2570.

July 23, 1934.

PROCEEDING in Habeas Corpus to secure release from custody. Writ discharged and petitioner remanded.

The facts are stated in the opinion of the court.

George E. Stoddard for Petitioner.

Everett W. Mattoon, County Counsel, and J.F. Moroney, Deputy County Counsel, for Respondent.


A petition on behalf of Claude Taylor for a writ of habeas corpus was allowed and we are here considering the matter after return and submission.

[1] Taylor was convicted of an offense, probation was denied and he was sentenced to the "County jail . . . for the term of ninety days, to be served from 7.00 p.m. of Monday to 6.00 p.m. of Wednesday". (Quotation from judgment.) The ninety days have not run and it is claimed that Taylor is imprisoned under a void sentence. We think not. By the provisions of section 1203 of the Penal Code suspension of sentence is limited to probation and probation in this case was specifically denied. The sentence to the county jail for ninety days is valid but the instruction to the sheriff to free the prisoner several days of each week was an attempt to grant periods of suspension from the sentence imposed and is void. (See In re Howard, 72 Cal.App. 374 [ 237 P. 406], for discussion of principles involved and citation of cases.)

The wit is discharged and the prisoner is remanded.

Craig, J., and Desmond, J., concurred.


Summaries of

In re Taylor

Court of Appeal of California, Second District, Division Two
Jul 23, 1934
140 Cal.App. 102 (Cal. Ct. App. 1934)
Case details for

In re Taylor

Case Details

Full title:In the Matter of the Application of CLAUDE TAYLOR for a Writ of Habeas…

Court:Court of Appeal of California, Second District, Division Two

Date published: Jul 23, 1934

Citations

140 Cal.App. 102 (Cal. Ct. App. 1934)
34 P.2d 1036

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