IN RE HUDDLESTON

Docket No. Crim. 12959.

71 Cal.2d 1031 (1969)

458 P.2d 507

80 Cal. Rptr. 595

In re JOE RAY HUDDLESTON on Habeas Corpus.

Supreme Court of California. In Bank.

September 15, 1969.


Attorney(s) appearing for the Case

John A. Montag for Petitioner.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Arnold O. Overoye, Deputy Attorney General, for Respondent.


TOBRINER, J.

In his petition for a writ of habeas corpus, Joe Ray Huddleston (hereinafter referred to as defendant) contends that the trial court improperly considered an invalid prior conviction which, if not taken into account in sentencing, would have rendered him eligible for probation. We have concluded that the evidence demonstrates the invalidity of the prior conviction; we therefore transfer the case back to the sentencing court for a redetermination of sentence...

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