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IN RE CALHOUN

Docket No. Crim. 19066.

17 Cal.3d 75 (1976)

549 P.2d 1235

130 Cal. Rptr. 139

In re DONALD LEE CALHOUN on Habeas Corpus.

Supreme Court of California.

June 3, 1976.

Attorney(s) appearing for the Case

COUNSEL

John F. Bowman, under appointment by the Supreme Court, for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and Garrick W. Chock, Deputy Attorneys General, for Respondent.

OPINION

TOBRINER, J.

Penal Code section 6691 permits a trial court under certain circumstances to defer for 60 days a decision on whether a defendant with a prior existing conviction should serve his terms concurrently or consecutively. The trial court in the instant case relied upon section 669 in deliberately deferring its sentencing of a defendant convicted of multiple offenses. During the deferral...

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