PETERSEN v. DUNBAR

No. 19867.

355 F.2d 800 (1966)

George Robert PETERSEN, Appellant, v. Walter DUNBAR, Director of the California Department of Corrections, Appellee.

United States Court of Appeals Ninth Circuit.

January 25, 1966.


Attorney(s) appearing for the Case

Elizabeth Truninger, Berkeley, Cal., for appellant.

Thomas C. Lynch, Atty. Gen., of Cal., Doris H. Maier, Asst. Atty. Gen., Ronald W. Tochterman, Deputy Atty. Gen., Sacramento, Cal., for appellee.

Before BARNES, MERRILL and BROWNING, Circuit Judges.


MERRILL, Circuit Judge:

Seeking discharge in habeas corpus appellant challenges the validity of a felony sentence imposed upon him by the California state courts. He contends that such sentence amounts to an increase in a previously executed sentence and constitutes double jeopardy. At issue is the power of the state courts to impose a sentence of imprisonment following revocation of probation when, as a condition of probation, the defendant had already suffered jail...

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