In re Davenport
Petitioner David Davenport is presently pursuing an appeal in case number A115394. The Attorney Generals brief in that appeal concedes that petitioner is entitled to an additional 44 actual custody credits, for a total of 168 days of credits (consisting of 112 actual credits and 56 good time credits). Asserting that petitioners appeal would not be resolved prior to his release date as revised to include the additional days of credits, petitioners counsel filed the petition for writ of habeas corpus herein, asserting, in part, that credits were incorrectly calculated.
the petition for writ of habeas corpus is granted insofar as petitioner claims that credits were not correctly calculated. A writ of habeas corpus issue commanding the superior court to forthwith amend the abstract of judgment to reflect appropriate credits consistent with this opinion, and immediately forward a certified copy of the amended abstract of judgment to the Department of Corrections. Petitioners counsel calculates petitioners new release date as falling on May 12, 2007, and while Court express no opinion on the validity of that calculation, the superior court comply with the writ of habeas corpus with all due haste to permit a prompt determination of petitioners release date.
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