IN RE DUPPER

Docket No. 14467.

57 Cal.App.3d 118 (1976)

128 Cal. Rptr. 898

In re CHARLES FREDERICK DUPPER on Habeas Corpus.

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

April 7, 1976.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William M. Baldwin, and W. Eric Collins, Deputy Attorneys General, for Appellant.

Ramon S. Lelli and Michael R. Dougherty, under appointments by the Court of Appeal, for Respondent.


OPINION

BROWN (H.C.), J.

The People appeal from the granting of respondent's petition for writ of habeas corpus. The issue is whether probation had been extended beyond the three-year limitation of Penal Code section 1203a.

Penal Code section 1203a provides that in misdemeanor cases where the maximum sentence provided by law does not exceed three years, the court "shall have power to suspend the imposing or the execution of...

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