IN RE MASTON

Docket Nos. 6879, 6903.

33 Cal.App.3d 559 (1973)

109 Cal. Rptr. 164

In re MIKE MASTON on Habeas Corpus. In re ISREAL NELL HOWARD on Habeas Corpus. (Consolidated Cases.)

Court of Appeals of California, Third District.

July 19, 1973.


Attorney(s) appearing for the Case

COUNSEL

Clyde M. Blackmon, under appointment by the Court of Appeal, and Blackmon, Isenberg, Moulds & Blicker, for Petitioners.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Edward W. Bergtholdt, Peter J. McBrien, Arnold O. Overoye and Jeffrey A. Joseph, Deputy Attorneys General, for Respondent.


OPINION

FRIEDMAN, J.

Penal Code sections 207 and 208 prescribe a prison sentence of one to 25 years for "simple" kidnaping. Section 208 establishes life imprisonment as punishment for kidnaping for the purpose of ransom or robbery and, if the victim suffers bodily harm, calls for a life sentence without possibility of parole. Section 190 imposes a life sentence for first degree murder but does not deprive the offender of parole.

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