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Legal Opinion

In Re Kemper

California Court of Appeal

Decided November 21, 1980No. Crim. 20913PublishedCited by 7 opinions

1Opinion of the Court

Opinion

NEWSOM, J.

The People’s appeal is from an order granting respondent Winston Hilliard Kemper’s petition for release on habeas corpus.

The record shows that respondent pled guilty to a second degree burglary committed August 5, 1977, and was sentenced, on January 5, 1978, to 3 years imprisonment, with 107 days’ presentence credit. Kemper, and not the People, appealed from the judgment.

After sentencing, Kemper remained in custody of the Alameda County Sheriff until March 13, 1978: on that day he was delivered to the Department of Corrections at San Quentin.

Meanwhile, Division Three of this…

2Cases cited8 opinions

  1. People v. OlivasCalifornia Supreme Court · 1976
  2. Hale v. MorganCalifornia Supreme Court · 1978
  3. People v. SageCalifornia Supreme Court · 1980
  4. Bowland v. Municipal CourtCalifornia Supreme Court · 1976
  5. People v. SaffellCalifornia Supreme Court · 1979

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

3Cited by7 opinions

  1. People v. HarrisCalifornia Court of Appeal · 1987
  2. People v. CooperCalifornia Court of Appeal · 1984
  3. People v. Steward, California Court of Appeal, 5th District2018
  4. In Re WelchCalifornia Court of Appeal · 1987
  5. People v. LaraCalifornia Court of Appeal · 1988

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

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