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IN RE SMITH

Docket No. Crim. 13961.

2 Cal.3d 508 (1970)

467 P.2d 836

86 Cal. Rptr. 4

In re LAWRENCE O'NEIL SMITH on Habeas Corpus.

Supreme Court of California. In Bank.

April 30, 1970.

Attorney(s) appearing for the Case

COUNSEL

Edward J. Horowitz, under appointment by the Supreme Court, for Petitioner.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Russell Iungerich, Deputy Attorney General, for Respondent.

OPINION

MOSK, Acting C.J.

In this habeas corpus proceeding petitioner attacks the validity of a prior narcotics conviction used to increase the prison term imposed for a subsequent narcotics offense.

In 1954 petitioner was convicted on a plea of guilty of violating Health and Safety Code section 11721 (use of or addiction to narcotics).1 In 1956 he was...

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