California, United States of America
The following excerpt is from Wells, In re, 121 Cal.Rptr. 23, 46 Cal.App.3d 592 (Cal. App. 1975):
The question of relief remains. Under Leaming v. Municipal Court,12 Cal.3d 813, 117 Cal.Rptr. 657, 528 P.2d 745, the penalty for petitioner's offense now is the five-year maximum term of imprisonment provided for in section 18 of the Penal Code. 26 Since petitioner has now served more than five years, he is entitled to be freed from all custody, actual or constructive.
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