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SPLAWN v. FITZHARRIS

Civ. No. 68-1286.

297 F.Supp. 44 (1969)

Richard Dee SPLAWN, Petitioner, v. C. J. FITZHARRIS, Respondent.

United States District Court C. D. California.

March 12, 1969.

Attorney(s) appearing for the Case

Richard Dee Splawn, in pro. per.

Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Philippe J. Monet, Deputy Atty. Gen., Los Angeles, Cal., for respondent.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

HAUK, District Judge.

Petitioner is a California state prisoner who was convicted on April 4, 1966 on his plea of guilty to a violation of California Health & Safety Code § 11530 (possession of marijuana). Petitioner contends that he is entitled to release from custody on the grounds that:

1. The absence of counsel at his modification of probation hearing violated his constitutional right...

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