In Re Johnson

In 1963 a jury found petitioner guilty of two counts of unlawfully selling heroin (Health & Saf. Code, § 11501) and the trial court imposed consecutive sentences. In this habeas corpus proceeding petitioner contends that the prosecution’s evidence at the trial established that the acts charged and adjudged as two separate sales were in fact and law parts of a single transaction constituting only one offense.

Habeas corpus is a proper remedy to review a sentence in excess of that permitted by law (In re Ward, 64 Cal.2d 672, 675 [51 Cal.Rptr. 272, 414 P.2d 400] ; In re Seeley, 29 Cal.2d 294 [176…