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IN RE STANLEY

Docket No. 28341.

62 Cal.App.3d 71 (1976)

131 Cal. Rptr. 608

In re DARWIN CRAIG STANLEY on Habeas Corpus.

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

September 16, 1976.

Attorney(s) appearing for the Case

COUNSEL

Wilbur F. Littlefield, Public Defender, John M. Moore, Chief Deputy Public Defender, Harold E. Shabo, Ned Cook and Laurance S. Smith, Deputy Public Defenders, for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Juliet H. Swoboda, Frederick R. Millar, Jr., and Ann Rushton, Deputy Attorneys General, for Respondent.

OPINION

STEPHENS, J.

(1) The question presented by this proceeding is whether section 707.2 of the Welfare and Institutions Code is unconstitutional insofar as it prohibits a judge from sentencing a minor criminal defendant to state prison.

Petitioner was charged by information with murder (Pen. Code, § 187) and robbery (Pen. Code, § 211). On January 21, 1976, pursuant to a plea bargain, petitioner pleaded...

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