In a prosecution for possessing a counterfeiting device, a denial of a habeas petition is affirmed where petitioner’s sentence was proper because the question of whether a parolee has remained free of prison custody depends on whether he has either remained on parole without revocation, or been discharged from custody, preceding the required continuous five year period.
Read In re Preston, No. A122583
Appellate Information
Filed August 18, 2009
Judges
Opinion by Judge McGuinness
Counsel
For Petitioner:
J. Bradley O’Connell
For Respondent:
Rene A. Chacon, Supervising Deputy Attorney General, San Francisco, CA
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