IN RE WARD

Docket No. 9858.

227 Cal.App.2d 369 (1964)

38 Cal. Rptr. 650

In re PHILIP WARD on Habeas Corpus.

Court of Appeals of California, Second District, Division Four.

May 20, 1964.


Attorney(s) appearing for the Case

Cooper & Nelsen and Maxwell S. Keith for Petitioner.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Gordon Ringer, Deputy Attorney General, for Respondents.


BURKE, P.J.

Petitioner was found guilty of violation of Health and Safety Code, section 11531, sale of marijuana, on June 26, 1963. On July 17, 1963, his application for probation was denied and he was sentenced to imprisonment in the state prison for the term prescribed by law.

The judgment and sentence prescribed that petitioner be sentenced pursuant to section 1202b, Penal Code, which provides: "In any criminal proceeding in which defendant is convicted...

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