George Robert Petersen v. Walter Dunbar, Director of the California Department of Corrections

MERRILL, Circuit Judge:

Seeking discharge in habeas corpus appellant challenges the validity of a felony sentence imposed upon him by the California state courts. He contends that such sentence amounts to an increase in a previously executed sentence and constitutes double jeopardy. At issue is the power of the state courts to impose a sentence of imprisonment following revocation of probation when, as a condition of probation, the defendant had already suffered jail detention.

Appellant, having pleaded guilty to the crime of uttering a bad check (California Penal Code, § 476a), was, on October…