Legal Opinion
In Re Bartlett
California Court of Appeal
Decided February 11, 1971No. Crim. 4327PublishedCited by 4 opinions
1Opinion of the Court
Opinion
GARDNER, P. J.
The petitioner is presently serving a sentence for violation of section 11500 of the Health and Safety Code, with a prior narcotics conviction (violation of § 11721 of the Health & Saf. Code, a misdemeanor). He was sentenced on the instant charge on August 11, 1958. The judgment in the prior misdemeanor was pronounced January 15, 1957, and the records pertaining to this conviction have been destroyed.
Petitioner has served in excess of 10 years, the maximum sentence which could be imposed, absent the prior misdemeanor conviction. He seeks release by writ of habeas corpus…
2Cases cited21 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Stovall v. DennoSupreme Court of the United States · 1967
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- Carnley v. CochranSupreme Court of the United States · 1962
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3Cited by4 opinions
- In Re SpearsCalifornia Court of Appeal · 1984
- People v. MillerCalifornia Court of Appeal · 1992
- In re SpearsCalifornia Court of Appeal · 1984
- In re Guerrero CA4/2California Court of Appeal · 2021