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IN RE HANCOCK

Docket No. 8552.

67 Cal.App.3d 943 (1977)

136 Cal. Rptr. 901

In re JERRY WAYNE HANCOCK on Habeas Corpus.

Court of Appeals of California, Fourth District, Division One.

March 9, 1977.

Attorney(s) appearing for the Case

COUNSEL

Harrigan, Ruff & Osborne and Joseph W. Ruff for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Karl J. Phaler, Alan S. Meth and Jay M. Bloom, Deputy Attorneys General, for Respondent.

OPINION

BROWN (Gerald), P.J.

In this proceeding in habeas corpus,1 Jerry Wayne Hancock claims his sentencing lacks the appearance of fairness and seeks to be resentenced by a judge whose impartiality and fairness toward him cannot reasonably be questioned. We conclude such relief should be afforded.

The facts are not in dispute. Hancock had pleaded guilty to one count of first degree burglary and...

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