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PEOPLE v. CAMPBELL

Docket No. 2588.

239 Cal.App.2d 252 (1966)

48 Cal. Rptr. 603

THE PEOPLE, Plaintiff and Respondent, v. DEMPSEY CAMPBELL, Defendant and Appellant.

Court of Appeals of California, Third District.

January 7, 1966.

Attorney(s) appearing for the Case

Hugh Snyder, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Roland K. Hall, Deputy Attorney General, for Plaintiff and Respondent.

PIERCE, P.J.

Two questions are raised on this motion to recall the remittitur in the above entitled appeal. (1) Should Douglas v. California, 372 U.S. 353 [83 S.Ct. 814, 9 L.Ed.2d 811], be applied retroactively? (2) In view of the fact that the Douglas decision was filed March 18, 1963, and this petition was not filed until August 5, 1965, is it so untimely as to justify denial of relief? We answer the first question...

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