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GUERRERO v. FITZHARRIS

No. 21036.

394 F.2d 505 (1968)

Ernest GUERRERO, Appellant, v. C. J. FITZHARRIS, Superintendent, Department of Corrections, California, Appellee.

United States Court of Appeals Ninth Circuit.

As Corrected on Denial of Rehearing June 3, 1968.

Attorney(s) appearing for the Case

Ernest Guerrero, in pro. per.

Thomas C. Lynch, Atty. Gen., of the State of California, Robert R. Granucci, James A. Aiello, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the Court of Claims, and BROWNING, Circuit Judge.

PER CURIAM:

Appellant is presently in California penal custody serving an indeterminate sentence of two-to-ten years on a narcotics conviction. In addition, he faces a future consecutive sentence of one-year-to-life on a conviction for escape without force. Appellant's petition for a writ of habeas corpus showed on its face that the escape conviction was valid. Appellant attacked only the validity of the narcotics conviction. The district court summarily denied the...

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