LOVE v. FITZHARRIS

No. 51906.

311 F.Supp. 702 (1970)

Michael L. LOVE, Petitioner, v. C. J. FITZHARRIS et al., Respondent.

United States District Court, N. D. California.

March 13, 1970.


Attorney(s) appearing for the Case

Patrick Lynch, Los Angeles, Cal., for petitioner.

Atty. Gen. of State of California, Thomas C. Lynch, Gary Garfinkle, San Francisco, Cal., for respondents.


ORDER GRANTING RELIEF BY WAY OF HABEAS CORPUS

WOLLENBERG, District Judge.

Petitioner, charged with possession of heroin for sale, was committed, prior to trial, for observation at the California Rehabilitation Center from which he escaped one month later. He was rearrested in November, 1965, and charged with a second violation of California Health and Safety Code § 11500.5. He again escaped, and when recaptured pleaded guilty to the second possession...

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