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BUSTAMONTE v. SCHNECKLOTH

No. 25678.

448 F.2d 699 (1971)

Robert BUSTAMONTE, Plaintiff-Appellant, v. Merle R. SCHNECKLOTH, Superintendent, California Conservation Center, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 13, 1971.

Attorney(s) appearing for the Case

S. Thomas Pollack (argued), Stuart P. Tobisman, Los Angeles, Cal., for plaintiff-appellant.

Clifford K. Thompson, Deputy Atty. Gen. (argued), Evelle J. Younger, Cal. Atty. Gen., Derald E. Granberg, Deputy Atty. Gen., San Francisco, Cal., for defendant-appellee.

Before HAMLIN, MERRILL and ELY, Circuit Judges.

MERRILL, Circuit Judge:

This appeal is taken from an order of the District Court denying without hearing appellant's petition for a writ of habeas corpus.

On April 21, 1967, appellant was convicted in the California Superior Court for Santa Clara County of a violation of California Penal Code, § 475a: possession of a completed check with intent to defraud. Judgment was affirmed on appeal to the California District Court of Appeal. People v. Bustamonte...

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