In Re Chapman

Opinion

BROWN (G. A.), P. J.

Petitioner, Albert Wayne Chapman, by way of habeas corpus filed with the Supreme Court and transferred to this court, seeks discharge from his confinement in state prison on the ground that he was once in jeopardy on the same charge prior to his conviction in a second trial ending July 30, 1974. In the latter trial he was found guilty of the sale of a controlled substance in violation of section 11352 of the Health and Safety Code.

The former proceeding commenced and terminated on June 5, 1974, when the trial judge declared a mistrial after determining the jury could…