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Legal Opinion

In Re Pine

California Court of Appeal

Decided January 28, 1977No. Crim. 8943PublishedCited by 32 opinions

1Opinion of the Court

Opinion

REYNOSO, J.

By this writ of habeas corpus we are asked to determine when a judgment becomes final after conviction for purposes of applying a statutory amendment which decreases punishment for the same crime. We hold that a judgment is not final so long as the courts may provide a remedy on direct review. That includes the time within which to petition to the United States Supreme Court for writ of certiorari.

Petitioner challenges the refusal of the Director of Corrections to apply the provisions of section 11352 of the Health and Safety Code, as amended, to mitigate his terms of…

2Cases cited9 opinions

  1. In Re EstradaCalifornia Supreme Court · 1965
  2. Market Street Railway Co. v. Railroad Commission of CaliforniaSupreme Court of the United States · 1945
  3. In Re SpencerCalifornia Supreme Court · 1965
  4. George v. Bekins Van & Storage Co.California Supreme Court · 1949
  5. People v. RossiCalifornia Supreme Court · 1976

4 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. People v. VieiraCalifornia Supreme Court · 2005
  2. People v. YearwoodCalifornia Court of Appeal · 2013
  3. People v. NasalgaCalifornia Supreme Court · 1996
  4. People v. Pedro T.California Supreme Court · 1994
  5. People v. FloresCalifornia Court of Appeal · 1979

27 more not listed; retrieve them via the Exa API.

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