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DOWNS v. STATE

Docket No. 10412.

202 Cal.App.2d 609 (1962)

20 Cal. Rptr. 922

EMERY LEE DOWNS, Petitioner, v. STATE OF CALIFORNIA, Respondent.

Court of Appeals of California, Third District.

April 19, 1962.

Attorney(s) appearing for the Case

Donald L. Gilmour, under appointment by the District Court of Appeal, for Petitioner.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Respondent.

PIERCE, J.

Petitioner, an inmate of Folsom Prison, seeks a writ. His prayer labels it a writ of mandate. He desires to have us vacate one of two sentences he is now serving, one for robbery and the other for burglary. His contention is that he has received double punishment for a single "act" in violation of Penal Code section 654. We have concluded his contention is sound. The record shows the following facts:

On June 3, 1948, shortly before midnight, two...

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