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PEOPLE v. BENN

Docket No. Crim. 16112.

7 Cal.3d 530 (1972)

498 P.2d 433

102 Cal. Rptr. 593

THE PEOPLE, Plaintiff and Respondent, v. HERSEY BENN, Defendant and Appellant.

Supreme Court of California. In Bank.

July 12, 1972.

Attorney(s) appearing for the Case

COUNSEL

Hersey Benn, in pro. per., and Richard H. Levin, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, William E. James, Assistant Attorney General, William R. Pounders and Frederick R. Millar, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

PETERS, J.

Defendant was convicted in 1963 on two counts of sale of heroin1 in violation of section 11501 of the Health and Safety Code. Two alleged prior convictions for narcotics offenses were found to be true. On appeal, in 1964, the judgment of conviction was affirmed, but thereafter, in 1968, on direction of this court, the Court of Appeal recalled...

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