UNTERMYER v. HELLBUSH

No. 72-2422.

472 F.2d 156 (1973)

Daniel UNTERMYER, Plaintiff-Appellant, v. Donald HELLBUSH, San Mateo County Probation Officer, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 2, 1973.


Attorney(s) appearing for the Case

Paul K. Robertson, Palo Alto, Cal., for plaintiff-appellant.

Evelle J. Younger, Atty. Gen., Edward A. Hinz, Jr., Chief Asst. Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Robert R. Grannuchi, Karl S. Meyer, Deputy Attys. Gen., San Francisco, Cal., for defendant-appellee.

Before HAMLEY, KOELSCH, and WRIGHT, Circuit Judges.


PER CURIAM:

Appellant sought a writ of habeas corpus, attacking his conviction in the California state court for possession of marijuana. The district court denied the petition and, on this appeal, we affirm that disposition. Appellant was given a suspended sentence by the state court judge and is now on probationary status.

Appellant was stopped in a motor vehicle by a local police officer in Atherton, California. Marijuana was discovered in the vehicle,...

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