In Re Wells

Wesley Robert Wells, who is confined in San Quentin State Prison under sentence of death, seeks habeas corpus on the grounds that execution of the sentence will deprive him of life without due process and violate other provisions of the federal and state Constitutions. We have concluded that his petition is devoid of merit.

The death penalty was imposed, pursuant to the mandate of the statute, upon Wells’ conviction of violation of section 4500 of the Penal Code: “Every person undergoing a life sentence in a State prison . . . who, with malice aforethought, *891commits an assault upon the person…