HERNANDEZ v. NELSON

No. 23126.

411 F.2d 619 (1969)

Guadalupe Rocha HERNANDEZ, Appellee, v. Louis S. NELSON, Warden, California State Prison, San Quentin, California, Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 10, 1969.


Attorney(s) appearing for the Case

William D. Stein (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Derald E. Granberg, Deputy Atty. Gen., San Francisco, Cal., for appellant.

David B. Frohnmayer (argued), San Francisco, Cal., for appellee.

Before HAMLIN, KOELSCH and ELY, Circuit Judges.


PER CURIAM.

The judgment of the District Court granting petitioner a writ of habeas corpus is affirmed for the reasons and on the basis of that court's opinion, which is reported in 298 F.Supp. 682 (N.D.Cal. 1968).

However, it appears that if the state does not retry the petitioner, or if a retrial results in an acquittal, then the petitioner, has a remedy in the California state courts to determine whether the revocation...

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