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IN RE CHAMBERLAIN

Docket No. 31071.

78 Cal.App.3d 712 (1978)

144 Cal. Rptr. 326

In re DANIEL FERNAND CHAMBERLAIN on Habeas Corpus.

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

March 15, 1978.

Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik, State Public Defender, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender, and Edward H. Schulman, Deputy State Public Defender, for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Shunji Asari and John A. Saurenman, Deputy Attorneys General, for Respondent.

OPINION

FILES, P.J.

In this habeas corpus proceeding petitioner seeks a modification of the terms of his probation so as to give him credit for presentence custody pursuant to Penal Code section 2900.5.

The facts are not in dispute. On March 11, 1977, an information was filed charging petitioner with assault with a deadly weapon upon a peace officer, a violation of Penal Code section 245, subdivision (b). Under the law then...

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