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IN RE WELLS

Docket No. 26286.

46 Cal.App.3d 592 (1975)

121 Cal. Rptr. 23

In re KENNETH JAMES WELLS on Habeas Corpus.

Court of Appeals of California, Second District, Division Three.

March 28, 1975.

Attorney(s) appearing for the Case

COUNSEL

F. Elaine Easley for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, James H. Kline, Howard J. Schwab and Donald F. Roeschke, Deputy Attorneys General, for Respondent.

OPINION

COBEY, J.

We have before us in this habeas corpus proceeding the question of whether the recidivist provision of Penal Code section 647a1 (child molestation) violates the cruel or unusual punishment clause of the California Constitution. (Cal. Const., art. I, § 6.) This section states that every person who "annoys or molests"

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