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HOLDER v. SUPERIOR COURT

Docket No. 9505.

269 Cal.App.2d 314 (1969)

74 Cal. Rptr. 853

EARL RAY HOLDER, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

January 30, 1969.

Attorney(s) appearing for the Case

Thomas Hunter Russell and Norman D. Causey for Petitioner.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas S. Kerrigan, Deputy Attorney General, for Respondent and for Real Party in Interest.

LAZAR, J. pro tem.*

Petitioner was convicted of a felony on November 27, 1961, and committed to state prison for the term prescribed by law. At the time of sentence section 1168, Penal Code, read as follows: "Every person convicted of a public offense, for which imprisonment in any reformatory or State prison is now prescribed by law shall, unless such convicted person be placed on probation...

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