Legal Opinion
In Re Moreno
California Court of Appeal
Decided May 27, 1976No. Crim. 8646PublishedCited by 11 opinions
1Opinion of the Court
Opinion
PARAS, J.
On September 18, 1974, petitioner was sentenced to state prison upon his bargained plea of guilty to a violation of section 11352 of the Health and Safety Code (sale of a controlled substance). Two alleged prior convictions were stricken. Petitioner took no appeal.
At the time of sentence section 11352 required that a person convicted thereunder without prior convictions be imprisoned for at least three years before eligibility for parole. Accordingly, with appropriate credit for presentence and post-sentence jail custody (Pen. Code, § 2900.5), petitioner’s minimum eligible…
2Cases cited15 opinions
- In Re EstradaCalifornia Supreme Court · 1965
- McGinnis v. RoysterSupreme Court of the United States · 1973
- People v. ArandaCalifornia Supreme Court · 1965
- People v. FrancisCalifornia Supreme Court · 1969
- In Re KappermanCalifornia Supreme Court · 1974
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Way v. Superior Court of San Diego Cty.California Court of Appeal · 1977
- Beckley v. Aaron N.California Court of Appeal · 1977
- In Re StinnetteCalifornia Court of Appeal · 1979
- State v. McCarthyCourt of Appeals of Washington · 2002
- People v. BrownCalifornia Court of Appeal · 2010
6 more not listed; retrieve them via the Exa API.