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IN RE FLORES

Docket No. 8337.

58 Cal.App.3d 222 (1976)

128 Cal. Rptr. 847

In re RUDY RICHARD FLORES on Habeas Corpus.

Court of Appeals of California, Third District.

May 13, 1976.

Attorney(s) appearing for the Case

COUNSEL

Rudy Richard Flores, in pro. per., and Peter Heintz, under appointment by the Court of Appeal, for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Willard F. Jones, Deputy Attorneys General, for Respondent.

OPINION

PARAS, J.

Petitioner seeks a writ of habeas corpus, alleging that the requirement that he serve a minimum of 10 years in prison without possibility of parole for the crime of sale of heroin to a minor, with one prior felony narcotic conviction (Health & Saf. Code, § 11502 — now § 11353), is cruel and unusual punishment. (Cal. Const., art. I, § 17.)

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