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IN RE KELLER

Docket No. 3673.

232 Cal.App.2d 520 (1965)

42 Cal. Rptr. 921

In re NOLAN KELLER on Habeas Corpus.

Court of Appeals of California, Third District.

February 25, 1965.

Attorney(s) appearing for the Case

Kenneth M. Wells, Public Defender, for Petitioner.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Respondent.

REGAN, J.

The applicant, Nolan Keller, is held in the custody of the Department of Corrections pursuant to section 644, subdivision (b), of the Penal Code and seeks to have his status as an habitual criminal under section 644, subdivision (a), of the Penal Code redetermined. Under companion provisions of the Penal Code a conviction under Penal Code section 644, subdivision (a), carries a minimum term of nine years, whereas a conviction under section 644, subdivision...

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