Legal Opinion
In Re Smith
California Supreme Court
Decided April 30, 1970No. Crim. 13961PublishedCited by 11 opinions
1Opinion of the Court
Opinion
MOSK, Acting C. J
In this habeas corpus proceeding petitioner attacks the validity of a prior narcotics conviction used to increase the prison term imposed for a subsequent narcotics offense.
In 1954 petitioner was convicted on a plea of guilty of violating Health and Safety Code section 11721 (use of or addiction to narcotics). In 1956 he was convicted by a judge sitting without a jury of violating Health and Safety Code section 11500 (possession of narcotics other than marijuana). The trial court found that the 1954 narcotics conviction had been proved, and petitioner was sentenced to…
2Cases cited7 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- In Re BellCalifornia Supreme Court · 1942
- In Re NewbernCalifornia Supreme Court · 1960
- People v. SmithCalifornia Supreme Court · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re FossCalifornia Supreme Court · 1974
- In Re AzzarellaCalifornia Court of Appeal · 1989
- In Re DownsCalifornia Supreme Court · 1970
- In Re BartlettCalifornia Court of Appeal · 1971
- Russell v. WyrickDistrict Court, W.D. Missouri · 1974
6 more not listed; retrieve them via the Exa API.