Opinion
NOT TO BE PUBLISHED
San Diego County Super. Ct. No. CR59442.
Petition for Writ of Habeas Corpus.
McIntyre, J.
John Blair has been incarcerated for almost 27 years on a 17 years-to-life sentence for second degree felony murder. In March 2009, at his tenth parole hearing, the Board of Parole Hearings (Board) found Blair suitable for parole. Governor Arnold Schwarzenegger reversed the Board's decision. Blair filed a petition for a writ of habeas corpus in this court and we issued an order to show cause why the relief requested should not be granted.
During the pendency of the writ proceeding, the Board again found Blair suitable for parole. The Governor has not exercised his right to reverse that grant of parole. On July 23, 2010, Blair was released from prison and is currently on parole. The Attorney General requested that we dismiss the appeal as moot. Blair disagreed, asserting that the petition was not "completely" moot as he may be entitled to a credit against his parole term for the time he spent in prison after the effective date of the Board's 2009 parole grant.
We conclude that Blair is not entitled to any credit against his parole term for the time he spent in prison after the effective date of the Board's 2009 parole grant. (Pen. Code, § 3000.1, subd. (b); People v. Chaudhary (2009) 172 Cal.App.4th 32, 38.)
DISPOSITION
The petition is dismissed as moot.
WE CONCUR: McDONALD, Acting P. J., AARON, J.