In re Luce
California Supreme Court
1Opinion of the CourtPeek, J.
Henry C. Luce, presently confined in San Quentin Prison serving a sentence for felony indecent exposure (Pen. Code, § 314), seeks discharge by writ of habeas corpus (see People v. Dowding, 185 Cal.App.2d 274, 276-277 [8 Cal.Rptr. 208]). His petition is predicated on the ground that a prior conviction for a like offense, which was used to elevate the present offense from misdemeanor to felony status (see Pen. Code, § 314, subd. 2, par. 2), was entered upon a plea of guilty made without apprisal or awareness of his right to counsel or waiver of such right.
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2Cases cited7 opinions
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