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Legal Opinion

Downs v. State of California

California Court of Appeal

Decided April 19, 1962No. Civ. 10412PublishedCited by 18 opinions

1Opinion of the CourtPierce, J.

Petitioner, an inmate of Folsom Prison, seeks a writ. His prayer labels it a writ of mandate. He desires to have us vacate one of two sentences he is now serving, one for robbery and the other for burglary. His contention is that he has received double punishment for a single “act” in violation of Penal Code section 654. We have concluded his contention is sound. The record shows the following facts:

On June 3, 1948, shortly before midnight, two men, one of whom was determined to be petitioner, broke into the Pacific Telephone Company building in San Jose. While these men were engaged in…

2Cases cited5 opinions

  1. Neal v. State of CaliforniaCalifornia Supreme Court · 1960
  2. People v. KnowlesCalifornia Supreme Court · 1950
  3. Seiterle v. Superior CourtCalifornia Supreme Court · 1962
  4. People v. DownsCalifornia Court of Appeal · 1952
  5. In Re DowdingCalifornia Court of Appeal · 1961

3Cited by18 opinions

  1. In Re CruzCalifornia Supreme Court · 1966
  2. People v. CollinsCalifornia Court of Appeal · 1963
  3. People v. HoughtonCalifornia Court of Appeal · 1963
  4. People v. JonesCalifornia Court of Appeal · 1962
  5. People v. SmithCalifornia Court of Appeal · 1985

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