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IN RE BENOIT

Docket Nos. Crim. 16642, 16627.

10 Cal.3d 72 (1973)

514 P.2d 97

109 Cal. Rptr. 785

In re RAY EDWARD BENOIT on Habeas Corpus. In re RICHARD WYCKOFF on Habeas Corpus.

Supreme Court of California. In Bank.

September 24, 1973.

Attorney(s) appearing for the Case

COUNSEL

Peter G. Fetros, under appointment by the Supreme Court, for Petitioners.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Willard F. Jones, David M. Blackman and Charles P. Just, Deputy Attorneys General, for Respondent.

OPINION

SULLIVAN, J.

In these separate proceedings in habeas corpus each petitioner seeks a determination that he took an appeal by the timely constructive filing of a notice of appeal from the judgment of conviction under which he is held. We issued an order to show cause in each case directed to the Director of the Department of Corrections (Director) and appointed Peter G. Fetros, to represent...

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