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  5. 262 Cal.App.2d 799 (1968)
 

BENNETT v. PROCUNIER

Docket No. 924.

262 Cal.App.2d 799 (1968)

69 Cal. Rptr. 116

FRANK HALE BENNETT, as Director, etc., Plaintiff and Appellant, v. RAYMOND PROCUNIER et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

June 7, 1968.

Attorney(s) appearing for the Case

Frank Hale Bennett, in pro. per., for Plaintiff and Appellant.

Thomas C. Lynch, Attorney General, Daniel J. Kremer and Peter G. DeMauro, Deputy Attorneys General, for Defendants and Respondents.

CONLEY, P.J.

This appeal tests the question whether the time spent by a defendant in a diagnostic facility of the Department of Corrections prior to judgment must be credited to the defendant on his sentence. Frank Hale Bennett petitioned the Superior Court of Kern County for a writ of mandate ordering the prison officials to give credit on the sentence of the defendant for the 90 days spent by him pursuant to court...

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