Is defendant entitled to habeas corpus relief because he has served his sentence for assault?
California, United States of America
The following excerpt is from People v. Jegorovs, A140773 (Cal. App. 2015):
As defendant concedes, he has fully served his sentence arising from the 2005 assault conviction, and he is in neither actual nor constructive California custody as a result of that conviction. He, therefore, is ineligible as a matter of law for habeas corpus relief. (People v. Aguilar, supra, 227 Cal.App.4th at p. 68.)
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