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IN RE MONTENEGRO

Docket No. 5618.

246 Cal.App.2d 515 (1966)

54 Cal. Rptr. 865

In re JESSE CARRANZA MONTENEGRO on Habeas Corpus.

Court of Appeals of California, First District, Division Three.

November 18, 1966.

Attorney(s) appearing for the Case

Jared G. Carter, under appointment by the District Court of Appeal, for Petitioner.

Thomas C. Lynch, Attorney General, Robert R. Granucci and Frank C. Damrell, Jr., Deputy Attorneys General, for Respondent.

DRAPER, P.J.

In 1959, petitioner pleaded guilty to possession of heroin (Health & Saf. Code, § 11500) and admitted a prior misdemeanor conviction under the then "drug addict statute" (Health & Saf. Code, § 11721). He was sentenced to the term prescribed by law. Under the statute in effect in 1959, this prior conviction increased his maximum term from 10 years to 20 years. Petitioner asserts that his 1957 conviction was under that portion of section...

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